[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5023 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  2d Session
                                S. 5023

    To amend the Immigration and Nationality Act to provide for the 
 inadmissibility of certain aliens seeking citizenship for children by 
       giving birth in the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2026

   Mrs. Blackburn (for herself, Mr. Banks, Mr. Budd, Mr. Cornyn, Ms. 
Lummis, Mr. Sheehy, and Mr. Scott of Florida) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to provide for the 
 inadmissibility of certain aliens seeking citizenship for children by 
       giving birth in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ban Birth Tourism Act of 2026''.

SEC. 2. INADMISSIBILITY OF ALIENS SEEKING UNITED STATES CITIZENSHIP FOR 
              CHILDREN THROUGH BIRTH TOURISM.

    Section 212(a)(10) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(10)) is amended by adding at the end the following:
                    ``(F) Aliens seeking citizenship for children by 
                giving birth in the united states.--
                            ``(i) In general.--Any alien seeking 
                        admission to the United States as a 
                        nonimmigrant under section 101(a)(15)(B) to 
                        engage in birth tourism is inadmissible.
                            ``(ii) Birth tourism.--An alien is engaging 
                        in birth tourism under clause (i) if, based on 
                        the reasonable judgment of the Secretary of 
                        Homeland Security, the Secretary of State, or a 
                        consular officer, the alien--
                                    ``(I) is seeking to enter or 
                                reenter the United States for the 
                                primary purpose of obtaining United 
                                States citizenship for a child by 
                                giving birth to such child; or
                                    ``(II) is likely to give birth to a 
                                child within 10 months of entry if such 
                                alien is admitted to, or physically 
                                present in, the United States or its 
                                territories or outlying possessions 
                                and, as a result, is likely to obtain 
                                United States citizenship for such 
                                child based on the child's birth on 
                                United States territory.''.

SEC. 3. DEPORTABILITY OF ALIENS SEEKING UNITED STATES CITIZENSHIP FOR 
              CHILDREN THROUGH BIRTH TOURISM.

    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) Birth tourism.--
                            ``(i) In general.--An alien is deportable 
                        if such alien has entered the United States to 
                        engage in birth tourism.
                            ``(ii) Birth tourism.--An alien has engaged 
                        in birth tourism if, based on the reasonable 
                        judgment of the Secretary of Homeland Security, 
                        the Secretary of State, or a consular officer, 
                        the alien--
                                    ``(I) entered or reentered the 
                                United States for the primary purpose 
                                of obtaining United States citizenship 
                                for a child by giving birth to such 
                                child; or
                                    ``(II) is likely to give birth to a 
                                child within 10 months of such entry 
                                while in the United States or its 
                                territories or outlying possessions 
                                and, as a result, is likely to obtain 
                                United States citizenship for such 
                                child based on the child's birth on 
                                United States territory.''.
                                 <all>