Short title

This Act may be cited as the

Birthright Abuse and Nationality Act

or the

BAN Act

Findings

Congress finds the following: (1) On June 30, 2026, the Supreme Court of the United States held in Trump v. Barbara that children born in the United States to parents unlawfully or temporarily present are subject to the jurisdiction of the United States and are citizens at birth under the Fourteenth Amendment's Citizenship Clause. (2) The majority opinion in Trump v. Barbara, joined by Chief Justice Roberts and Justice Barrett, adopts an unduly narrow and formalistic interpretation of the Fourteenth Amendment that ignores the real-world consequences of birth tourism and reflects a departure from common-sense understandings of jurisdiction, sovereignty, and the proper limits of the Citizenship Clause. (3) Justice Clarence Thomas authored an outstanding and blistering dissent in Trump v. Barbara, rigorously dismantling the majority’s reasoning and warning that its expansive interpretation of the Citizenship Clause dangerously devalues American citizenship and invites further abuse of birthright citizenship by those unlawfully or temporarily present in the United States. (4)Businesses, facilitators, and foreign-based agencies openly advertise and sell packages designed to enable foreign nationals to travel to the United States for the primary purpose of obtaining United States citizenship for a child, thereby treating American citizenship as a commercial product. (5)American citizenship is a sovereign privilege that should never be bought, sold, marketed, or otherwise commercialized, and that the continued operation of the birth tourism industry undermines public confidence in the integrity of the Nation's immigration system. (6)The laws of numerous democratic nations, including the United Kingdom, Ireland, Australia, New Zealand, France, and Germany, require a meaningful legal connection between a child and the nation, such as the citizenship or lawful residence of a parent, before citizenship is conferred at birth. (7)The widespread abandonment of unconditional birthright citizenship by many democratic nations reflects a recognition that citizenship is appropriately tied to enduring allegiance and legal attachment to the sovereign, rather than the mere geographic location of birth. (8)Congress retains broad authority under Article I of the Constitution to regulate immigration, determine the conditions of admission of aliens, and establish grounds of inadmissibility under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182). (9)Congress has repeatedly amended section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) to create new grounds of inadmissibility when it has determined that certain conduct is contrary to the national interest and the proper administration of the immigration laws. (10)The practice commonly known as birth tourism exploits the benefits associated with United States citizenship and undermines the integrity of the Nation's immigration system.

Birth tourism defined

Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:

(53)

Birth tourism

The term birth tourism— (A)means the act of an alien visiting the United States for the primary purpose of giving birth to a child who does not have a parent who is a national of the United States; and (B)does not include visiting the United States for medical treatment that is determined necessary by the Secretary of Health and Human Services on a case-by-case basis.

Birth tourism ground of inadmissibility

Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended by adding at the end the following:

(28)

Birth tourism

(A)

Birthing alien

Any alien who seeks admission to the United States to engage in birth tourism is inadmissible. (B)

Family members

Any alien who is a spouse, partner, or other immediate family member of an alien described in subparagraph (A) and knowingly participates in or facilitates birth tourism is inadmissible. (C)

Evidence

In determining whether an alien is seeking admission to engage in birth tourism under subparagraph (A), an immigration officer shall consider, among other relevant evidence, whether the alien— (i)is in the third trimester of pregnancy at the time admission is sought; (ii)has an expected delivery date during the anticipated period of stay; or (iii)seeks admission in a temporary nonimmigrant classification while pregnant.

Criminal offense

Section 1546 of title 18, United States Code, is amended by adding at the end the following:

(d) (1)Whoever— (A)being an alien, knowingly fails to disclose a pregnancy or intentionally misrepresents material facts for the purpose of seeking admission to the United States by birth tourism shall constitute birth tourism visa fraud punishable by up to 10 years in prison; (B)being the spouse, partner, or immediate family member of an alien described in subparagraph (A), knowingly participates in, facilitates, or materially assists in the concealment of birth tourism or the commission of fraud described in subsection 3(a) shall likewise be subject to visa revocation, expedited removal or removal; or (C)being an individual or entity, knowingly participating in, organizing, advertising, promoting, financing, managing, or otherwise facilitating a commercial enterprise that arranges or assists birth tourism,

shall be fined under title, imprisoned for not more than 10 years, or both.

(2)Notwithstanding any other provision of law, a United States district court shall have jurisdiction to enter a judicial order of removal at the time of sentencing against any alien who is convicted of an offense under this subsection. (3)In this subsection, the term birth tourism— (A)means the act of an alien visiting the United States for the primary purpose of giving birth to a child who does not have a parent who is a national of the United States; and (B)does not include visiting the United States for medical treatment that is determined necessary by the Secretary of Health and Human Services on a case-by-case basis.