[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4501 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4501
To bar aliens from admission to the United States to give birth on
United States soil or remaining in the United States to undermine the
sovereignty of the United States through birth tourism.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2026
Mr. Cornyn introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To bar aliens from admission to the United States to give birth on
United States soil or remaining in the United States to undermine the
sovereignty of the United States through birth tourism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Barring American Citizenship by
Keeping Out Foreign Fraudsters'' or the ``BACK OFF Act''.
SEC. 2. GROUNDS FOR INADMISSIBILITY TO, AND REMOVAL FROM THE UNITED
STATES FOR ENGAGING IN BIRTH TOURISM.
(a) Grounds of Inadmissibility.--Section 212(a)(2)(F) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(F)) is amended to
read as follows:
``(F) Aliens undermining the sovereignty of united
states through birth tourism.--
``(i) In general.--Any alien convicted of,
who admits to having committed, or who admits
committing acts which constitute the essential
elements of, an offense described in section
274E, 274F, or 275(e) or an offense described
in section 1546A of title 18, United States
Code, is inadmissible.
``(ii) Birth tourism.--An alien is
inadmissible if such alien--
``(I)(aa) is not lawfully admitted
to the United States as a permanent
resident; or
``(bb) has not lawfully maintained
lawful permanent resident status (such
status not having been abandoned,
rescinded, or terminated); and
``(II) based on the reasonable
judgment of the Secretary of Homeland
Security, the Secretary of State, or a
consular officer--
``(aa) is seeking to enter
or reenter the United States to
engage in birth tourism and
undermine the sovereignty of
the United States or its
territories or outlying
possessions by giving birth to
a child on United States soil;
or
``(bb) is likely to give
birth to a child within 10
months of entry if such alien
is admitted to, or while in the
United States or its
territories or outlying
possessions and, as a result,
obtain United States
citizenship for such child
based on the child's birth on
United States soil; or
``(III) as determined by the
Secretary of Homeland Security or the
Attorney General--
``(aa) has engaged in birth
tourism; or
``(bb) while physically
present in the United States or
its territories or outlying
possessions, is likely to give
birth to a child and, as a
result, obtain United States
citizenship for such child
based on the child's birth on
United States soil.
``(iii) Waiver not authorized.--The grounds
of inadmissibility specified in this
subparagraph may not be waived.
``(iv) Ineligibility for parole.--An alien
who is inadmissible under this subparagraph is
not be eligible for parole into the United
States under section 212(d)(5) or for
conditional parole under section 236.''.
(b) Grounds of Deportability.--Section 237(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(2)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (G);
and
(2) by inserting after subparagraph (E) the following:
``(F) Aliens undermining the sovereignty of united
states through birth tourism.--
``(i) In general.--An alien is deportable
if such alien--
``(I)(aa) is not lawfully admitted
to the United States as a permanent
resident; or
``(bb) has not lawfully maintaining
lawful permanent resident status (such
status not having been abandoned,
rescinded, or terminated); and
``(II) has been convicted of an
offense under section 274E, 274F, or
275(e) or under section 1546A of title
18, United States Code; or
``(III) is described in section
212(a)(2)(F).
``(ii) Waiver not authorized.--The grounds
of deportability specified in clause (i) may
not be waived.
``(iii) Ineligibility for parole.--An alien
who is deportable under clause (i) is not be
eligible for parole into the United States
under section 212(d)(5) or for conditional
parole under section 236.''.
SEC. 3. MANDATORY DETENTION FOR CRIMINAL ALIENS INADMISSIBLE OR SUBJECT
TO DEPORTATION FOR BIRTH TOURISM.
Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C.
1226(c)(1)) is amended--
(1) at the end of each of subparagraphs (A), (B), and (C),
by striking the comma at the end;
(2) in subparagraph (D), by striking ``, or'' at the end
and inserting a semicolon;
(3) in subparagraph (E)(ii), by striking the comma at the
end and inserting ``; or''; and
(4) by inserting after subparagraph (E)(ii) the following:
``(F) is inadmissible under section 212(a)(2)(F) or
deportable under section 237(a)(2)(F) by reason of
having been convicted of, admitting to having
committed, or admitting committing acts that are the
essential elements of, an offense under sections 274E,
274F, or 275(e), or of section 1546A of title 18,
United States Code,''.
SEC. 4. EXPEDITED REMOVAL FOR ALIENS ENGAGED IN BIRTH TOURISM.
Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225)
is amended by adding at the end the following:
``(e) Removal of Aliens Based on Birth Tourism.--
``(1) Removal without further hearing.--An immigration
officer who determines an alien is inadmissible under section
212(a)(2)(F) or deportable under section 237(a)(2)(F)--
``(A) shall order the alien removed, subject to
review in accordance with paragraph (2);
``(B) shall report the order of removal to the
immigration court as expeditiously as possible, but in
no case later than 7 days after the date of such
determination; and
``(C) may not conduct any further inquiry or
hearing or execute the order of removal until ordered
by the immigration judge pursuant to paragraph (2).
``(2) Review of order by immigration judge.--
``(A) In general.--An immigration judge shall
review each administrative removal order issued
pursuant to paragraph (1) not later than 7 days after
such order is referred to the court by the immigration
officer.
``(B) Removal order.--If an immigration judge
determines that an alien referred to the immigration
court is inadmissible under section 212(a)(2)(F) or
deportable under 237(a)(2)(F), the immigration judge
shall order the alien removed without further inquiry
or hearing.
``(3) Burden of proof.--The alien shall bear the burden of
proof to establish that he or she--
``(A) is a lawful permanent resident (such status
not having been abandoned, rescinded, or terminated);
or
``(B) is not described in section 212(a)(2)(F) or
section 237(a)(4)(F).
``(4) Conduct of proceedings.--In proceedings before the
immigration judge under this section, the Attorney General
shall provide the alien--
``(A) reasonable notice of the proceeding and of
the opportunity described in subparagraph (C);
``(B) the privilege of being represented (at no
expense to the Government) by a licensed attorney at
law or an accredited representative of the alien's
choice who is authorized to practice before the
immigration court in accordance with section 292; and
``(C) an opportunity to inspect the evidence and
submit any additional evidence to support the alien's
case prior to the review of the order by the
immigration judge.
``(5) Treatment of aliens arriving from contiguous
territory.--If an alien who is arriving on land (whether or not
at a designated port of entry) from a foreign contiguous
territory to the United States is determined by an immigration
officer to be inadmissible under section 212(a)(2)(F) or
deportable under section 237(a)(2)(F), the Secretary of
Homeland Security shall return such alien to such territory
pending a final decision under this subsection.
``(6) Treatment of aliens arriving in the commonwealth of
the northern mariana islands or guam.--If an alien who is
arriving in the Commonwealth of the Northern Marianas or Guam
from any foreign port of embarkation or foreign country
(whether or not at a designated port of entry) is determined by
an immigration officer to be inadmissible under section
212(a)(2)(F) or deportable under section 237(a)(2)(F), the
Secretary of Homeland Security shall immediately return such
alien to such foreign port of embarkation or foreign country
pending a final decision under this subsection.
``(f) Prohibition on Judicial Review.--Notwithstanding section 242
of this title, any other provision of law (statutory or nonstatutory),
including section 2241 of the title 28, United States Code, or any
other habeas corpus provision, and sections 1361 and 1651 of such
title, there shall be no judicial review of any findings (factual or
legal), decisions, or actions taken by the Secretary, immigration
officer, or immigration judge, pursuant to the proceedings under
subsection (e).
``(g) Recalcitrant Countries.--
``(1) Automatic suspension of visa issuance and bar to
admission.--Notwithstanding section 243(d) or any other
provision of law, if the country of birth, nationality,
citizenship, or last habitual residence of an alien subject to
removal under subsection (e) refuses to accept such alien
within 14 days of receiving notification from the Secretary of
Homeland Security of such removal order, the Secretary shall--
``(A) direct the Secretary of State to immediately
pause the issuance of visas for all citizens,
nationals, subjects, and habitual residents of such
country for the following 180 days; and
``(B) immediately suspend admission of all
citizens, nationals, subjects, and habitual residents
of such country until the country accepts the return of
the removed alien.
``(2) Exception for national security or foreign policy.--
``(A) In general.--The Secretary of State and the
Secretary of Homeland Security may jointly determine,
based on the specific circumstances of an individual
alien's case, that it is in the national security or
foreign policy interests of the United States to issue
a visa or other travel document to an individual alien
before the expiration of the 180-day period of
suspension referred to in paragraph (1)(A).
``(B) Limitations.--The authority under this
subsection--
``(i) is not subject to delegation below
the Deputy Secretary of Homeland Security or
the Deputy Secretary of State;
``(ii) may not be used to allow categories
or groups of aliens of any nationality or
citizenship into the United States; and
``(iii) may be exercised for not more than
50 aliens in any fiscal year.''.
SEC. 5. MANDATORY MEDICAL EXAMINATIONS FOR ALIENS SEEKING VISAS,
ADMISSION TO THE UNITED STATES, AND PHYSICALLY PRESENT IN
THE UNITED STATES.
(a) In General.--Section 221(d) of the Immigration and Nationality
Act (8 U.S.C. 1201(d)) is amended--
(1) by inserting after ``(d)'' the following: ``Physical
and Mental Examinations.--
``(1) Immigrant visas.--'';
(2) in the second sentence, by striking ``Prior to'' and
inserting the following:
``(2) Nonimmigrant visas.--
``(A) In general.--Except as provided in
subparagraph (B), prior to''; and
(3) by adding at the end the following:
``(B) Mandatory examinations.--
``(i) Medical examination.--Prior to the
issuance of a nonimmigrant visa for business or
pleasure pursuant to section 101(a)(15)(B), the
Secretary of State or consular officer shall
require an alien who is a biological female of
childbearing age to submit to a medical
examination by a medical officer of the United
States Public Health Service to determine if
the alien is likely to give birth in the United
States or its territories or outlying
possessions during the alien's stay, which will
make such alien inadmissible under section
212(a)(2)(F).
``(ii) Medical certification.--A medical
officer of the United States Public Health
Service shall conduct the examination of an
alien described in clause (i) and submit a
certification to the Secretary of State or
consular officer on whether the alien is likely
to give birth during the alien's stay in the
United States or its territories or outlying
possessions.
``(C) Birth tourism assessment and nonimmigrant
visa decisions.--If, based on the medical certification
under subparagraph (B), the Secretary of State or
consular officer suspects the alien is likely to give
birth within 10 months in the United States, its
territories or outlying possessions, the Secretary of
State or consular officer may--
``(i) deny the nonimmigrant visa; or
``(ii) withhold visa issuance until such
date as the consular officer determines the
alien is no longer inadmissible under section
212(a)(2)(F)(ii).''.
(b) Detention for Physical and Mental Examinations.--Section 232 of
the Immigration and Nationality Act (8 U.S.C. 1222) is amended by
adding at the end the following:
``(d) Detention and Medical Certifications for Aliens Subject to
Inadmissibility or Deportability Due to Birth Tourism.--
``(1) Detention.--If an immigration officer suspects an
alien who is a biological female of child bearing age is
inadmissible under section 212(a)(2)(F) or deportable under
section 237(a)(2)(F), the Secretary of Homeland Security shall
temporarily detain such alien for a sufficient period to enable
a medical officer of the United States Public Health Service to
determine if the alien is likely to give birth in the United
States or its territories or outlying possessions during the
alien's stay.
``(2) Medical examination and certification.--A medical
officer of the United States Public Health Service shall
conduct a physical examination, administer necessary medical
tests, and certify the resulting findings for the immigration
officer or immigration judge regarding whether an alien
described in paragraph (1) is likely to give birth in the
United States or its territories or outlying possessions during
the alien's stay.''.
SEC. 6. CRIMINAL PENALTIES FOR FACILITATING BIRTH TOURISM.
(a) In General.--Chapter 8 of title II of the Immigration and
Nationality Act (8 U.S.C. 1321 et seq.) is amended by adding at the end
the following:
``SEC. 274E. CRIMINAL PENALTIES FOR FACILITATING BIRTH TOURISM.
``(a) Activities Prohibited.--It shall be unlawful for any person
to knowingly--
``(1) forge, counterfeit, alter, falsely make, or attempt
to forge, counterfeit, alter, falsely make any document;
``(2) provide an alien any forged, counterfeit, altered, or
falsely made document; or
``(3) prepare, file, or assist an alien with an application
for a visa, travel document or other immigration benefit under
this title; or
``(b) Criminal Penalties.--Any individual described in subsection
(a), shall be fined under title 18, United States Code, imprisoned for
not less than 10 years, or both.
``SEC. 274F. CRIMINAL PENALTIES FOR HEALTH CARE MATTERS RELATED TO
BIRTH TOURISM.
``(a) Healthcare Theft or Embezzlement Through Birth Tourism.--Any
person, who knowingly--
``(1) embezzles, steals, or otherwise without authority
converts to the use of any person other than the rightful
owner; or
``(2) misapplies any of the moneys, funds, securities,
premiums, credits, property, or other assets of a Federal
health care program, to facilitate, engage in, encourage,
solicit, or advertise to an alien any services related to birth
tourism (regardless of whether such services, or a portion of
such services, were initiated inside or outside the United
States), to allow such alien to enter or remain in the United
States, its territories or outlying possessions, solely to give
birth to a child on United States soil in order to obtain
United States citizenship for a child, shall be fined under
title 18, United States Code, and imprisoned for not less than
10 years, or both.
``(b) Healthcare Fraud Through Birth Tourism.--Whoever knowingly
executes, or attempts to execute, a scheme or artifice to--
``(1) to defraud any Federal healthcare program; or
``(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any of the money or property
owned by, or under the custody or control of, any Federal
healthcare program, in connection with the delivery of or
payment for health care benefits, items, or services, for the
purpose of allowing an alien to give birth to a child on United
States soil in order to obtain United States citizenship for
such child, shall be fined under this title or imprisoned not
more than 10 years, or both.
``(c) Definition.--As used in this section, the term `Federal
healthcare program' has the meaning given such term in section 1302a-
7b(f) of title 42, United States Code.''.
(b) Section 275 of the Immigration and Nationality Act, 8 U.S.C.
1325, is amended by--
(1) revising the title of the section to read: ``improper
entry by alien; fraud and evasion of immigration laws''.
(2) adding a new subsection (e) to read as follows:
``(e) Birth Tourism Fraud.--Any individual who--
``(1) commits any act that the individual knows or
reasonably should have known provides an alien with housing,
transportation, food, medical care, or travel via any mode to
the United States, its territories or outlying possessions;
``(2) commits any act that the individual knows or
reasonably should have known allows an alien to receive any
financial support, including expenses associated with food,
medical care, housing, and transportation, that will allow the
alien to enter the United States, its territories or outlying
possessions, or attempt to enter the United States, its
territories or outlying possessions; or
``(3) conspires to assist an alien to enter the United
States, its territories or outlying possessions, under false
pretenses, through fraud, or material misrepresentations in a
visa application or other entry document, to obtain United
States citizenship for the alien's child, shall be fined
imprisoned for not less than 10 years and not more than 25
years, or both.''.
(c) Title 18 of the United States Code is further amended by adding
a new section 1546A to read as follows:
``Sec. 1546A. Fraud, conspiracy, and other acts associated with
undermining United States sovereignty through birth
tourism
``(a) Any person who knowingly--
``(1) aids or assist any alien to enter the United States,
its territories or outlying possessions, or to physically
remain in the United States, its territories or outlying
possessions, regardless of the alien's manner of entry;
``(2) conspires or connives, or attempts to conspire or
connive to aid or assist any alien to enter the United States,
its territories or outlying possessions, or to physically
remain in the United States, its territories or outlying
possessions; or
``(3) conspires or connives, or attempts to conspire or
connive with any other person or persons to aid or assist any
alien to enter the United States, its territories or outlying
possessions, or remain in the United States, its territories or
outlying possessions, for the purpose of giving birth to a
child in the United States, its territories or outlying
possessions, so that such child can obtain United States
citizenship at birth, shall be imprisoned for a minimum of 10
years and fined $100,000 for each alien such person aided or
assisted.''.
SEC. 7. BIRTH TOURISM TASKFORCE.
Title II, Chapter 9 of the Immigration and Nationality Act is
amended to add a new section 295 to read as follows:
``SEC. 295. TASKFORCE ON BIRTH TOURISM.
``(a) Establishment.--There is established a Taskforce (hereinafter
referred to as the `Taskforce') within the Department of Homeland
Security, that shall include U.S. Citizenship and Immigration Services,
U.S. Immigration and Customs Enforcement, Homeland Security
Investigations, and U.S. Customs and Border Protection, that shall:
``(1) investigate individuals, organizations and entities
that create schemes and run operations to facilitate in and
enforce laws to prevent an alien from seeking to undermine the
sovereignty of the United States by attempting to enter,
entering, or remaining physically in the United States, its
territories or outlying possessions, for the purpose of giving
birth to a child on United States soil; and
``(2) refer cases to the Department of Justice for criminal
prosecutions.
``(b) Training Materials.--The Taskforce shall produce training
materials for local law enforcement on the investigation and detection
of criminal offenses described in subsection (a).
``(c) Coordination.--The Taskforce shall coordinate with the
Department of Agriculture, the Office of Inspector General of the
Department of Agriculture, the Federal Bureau of Investigation, the
United States Marshals Service, U.S. Customs and Border Protection, and
other agencies, as appropriate.
``(d) Report.--On the date that is one year after the date of
enactment of this Act, and annually thereafter, the Taskforce shall
submit to the appropriate committees of Congress, a report on, for the
previous year--
``(1) the number of charges that were filed for violations
of laws described in subsection (a), disaggregated by the law
alleged to have been violated, the State in which the violation
was alleged to have occurred, and the number of convictions;
and
``(2) the number of investigations of violations of laws
described in subsection (a) for which charges were not filed.
``(e) Appropriate Committees Defined.--For purposes of this
section, the term `appropriate committees' includes--
``(1) the Senate Committee on the Judiciary;
``(2) the House Committee on the Judiciary;
``(3) the Senate Homeland Security and Governmental Affairs
Committee;
``(4) the House Committee on Homeland Security;
``(5) the House Foreign Affairs Committee;
``(6) the Senate Foreign Relations Committee; and
``(7) the House Oversight and Government Reform
Committee.''.
SEC. 8. EXEMPTION FROM PAPERWORK REDUCTION ACT AND THE ADMINISTRATIVE
PROCEDURE ACT.
(a) Paperwork Reduction Act.--Nothing in this Act may be construed
to require the Secretary of Homeland Security, the Secretary of Health
and Human Services, the Secretary of State, or the Attorney General to
comply with the requirements of chapter 35 of title 44, United States
Code (commonly referred to as the ``Paperwork Reduction Act''), if the
department head involved determines that compliance would impede the
immediate implementation of this Act or the amendments made by this
Act.
(b) Administrative Procedure Act.--Nothing in this Act may be
construed to require the Secretary of Homeland Security, the Secretary
of Health and Human Services, the Secretary of State, or the Attorney
General to promulgate regulations under subchapter II of chapter 5 of
title 5, United States Code (commonly referred to as the
``Administrative Procedure Act''), if the department head involved
determines that compliance would impede the immediate implementation of
this Act or the amendments made by this Act.
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of enactment of this Act.
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