The Ban Birth Tourism Act of 2026 seeks to curb foreign nationals from entering the U.S. specifically to obtain citizenship for their newborns. Introduced by Representative Rich McCormick, the bill proposes making birth tourism a deportable offense. This legislative push follows a Supreme Court decision reaffirming birthright citizenship, prompting federal and state officials to target parents, visa fraud, and facilitators through stricter screening and investigations.
- Representative Rich McCormick introduced the Ban Birth Tourism Act of 2026 to the House.
- The legislation makes seeking entry for birthright citizenship a deportable offense for foreign nationals.
- Officials would use a ten-month pregnancy standard to assess visa eligibility and border admissions.
Rep. Rich McCormick introduced legislation Thursday that would block entry for foreign nationals whose main goal is securing U.S. citizenship for a child born in the country. The measure would also make birth tourism a deportable offense.
The Ban Birth Tourism Act of 2026 would amend the Immigration and Nationality Act. It is the House companion to S. 5023, which Sen. Marsha Blackburn (R-TN) introduced earlier in July.
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The proposal follows the Supreme Court’s June 30 decision in Trump v. Barbara. The ruling invalidated Executive Order 14160 and reaffirmed birthright citizenship under the 14th Amendment, regardless of a child’s parents’ legal status.
The bill shifts the government’s focus to the parents. It seeks to stop them from entering or remaining in the United States for that purpose.
Enforcement activity is already extending beyond Congress. Reports from the Rio Grande Valley indicate that Customs and Border Protection has revoked tourist visas held by people suspected of birth tourism.
Texas Governor Greg Abbott issued an executive order on July 21 directing state agencies to investigate healthcare providers accused of facilitating birth tourism schemes. Pregnant foreign nationals could face reduced access to medical care as those investigations proceed.
The proposal also could increase scrutiny at U.S. embassies. Officials would assess whether a traveler is likely to give birth during a 10-month period after entry, a standard that could affect visa decisions and admission at the border.
McCormick cited roughly 33,000 children born in the United States each year to birth tourists. Independent estimates place the number lower or measure it against all annual births.
The proposal would create separate entry and removal grounds
The bill would amend two provisions of the immigration law and give senior officials a new screening standard. Its proponents describe the target as a multimillion-dollar industry that coaches foreign nationals, primarily from China and Russia, to deceive U.S. customs officials.
| Proposed provision | Effect described in the legislation |
|---|---|
| Section 212(a)(10) of the INA | Makes a person seeking entry primarily to obtain U.S. citizenship for a child inadmissible |
| Section 237(a)(2) of the INA | Makes birth tourism a deportable offense |
| 10-month standard | Allows the Secretary of Homeland Security, the Secretary of State and consular officers to use “reasonable judgment” about whether someone is likely to give birth within 10 months of entry |
The test combines purpose with timing. A traveler’s stated reason for coming to the United States would be considered alongside the likelihood of giving birth within the specified period.
That authority would reach officials before departure and at the border. Consular officers could deny visas, while immigration officials could decide whether an arriving person meets the proposed entry standard.
Federal officials are pairing the bill with a fraud crackdown
Homeland Security Secretary Markwayne Mullin said on July 1 that the government would block late-pregnancy travel when officials determine that exploiting U.S. law is the traveler’s primary purpose. He framed the effort as both a health and national security matter.
“The government can and will block women seeking to travel to the U.S. late in their pregnancies if their primary purpose is to exploit our laws. This is not only a matter of the baby's health but a clear national security concern. We will use every tool at our disposal to ensure our visa system is not being gamed.”
Acting Attorney General Todd Blanche said the Justice Department would pursue birth tourism operators and people who lie on visa applications about their visits. He also said the Supreme Court ruling on a child’s status did not remove federal authority to prosecute fraud facilitators.
Assistant Attorney General Colin McDonald made the same enforcement emphasis in a July 1 Office-wide Memo. He said the department would investigate and prosecute people who fraudulently exploit the immigration system.
The statements separate citizenship status from conduct linked to obtaining it. The court addressed children born in the United States, while the bill addresses admission, deportation and alleged deception.
Estimates differ on how many births involve birth tourism
The annual total depends on the source and the method used to calculate it. McCormick’s figure exceeds estimates from immigration researchers.
| Source | Annual estimate or comparison |
|---|---|
| Rep. Rich McCormick | Roughly 33,000 children born in the United States to birth tourists |
| Center for Immigration Studies | Between 20,000 and 26,000 births annually |
| Migration Policy Institute | Less than 1% of approximately 3.5 million annual births in the United States |
Those figures describe the scale differently. One counts children, another gives a range, and the third compares birth tourism with total U.S. births.
The legislation’s supporters call the industry multimillion-dollar and say operators train foreign nationals to mislead customs officials. The proposal would give immigration and consular authorities specific statutory tools to address that conduct.
The Supreme Court’s June 30 ruling closed the executive route for changing the citizenship result. The new House measure instead seeks to prevent the parents from reaching U.S. soil or staying in the country for that purpose.
Texas agencies’ provider investigations, border visa actions and embassy scrutiny now form part of the broader response. The bill would add inadmissibility and deportability rules if Congress approves it.
