S. 5023: Ban Birth Tourism Act of 2026 (119th Congress) Bill Summary

This bill would make it harder for people to come to the United States for the purpose of having a child here so that the child can obtain U.S. citizenship at birth, a practice often called “birth tourism.”

What the bill changes

It would add a new ground of inadmissibility under immigration law for certain visitors coming on a tourist visa or other nonimmigrant B visa.
If immigration officials or consular officers reasonably believe a person is seeking to enter the U.S. mainly to give birth here so the child can get U.S. citizenship, that person could be denied admission.
It also covers people who are likely to give birth within 10 months of entering the U.S. and, because of that birth, would likely obtain U.S. citizenship for the child.

What happens if someone is already in the U.S.

The bill would also make a person deportable if they entered the United States to engage in birth tourism.
As with the inadmissibility rule, this would apply when officials reasonably judge that the person entered primarily for that purpose, or entered while likely to give birth soon and thereby secure citizenship for the child.

Who would make the decision

The bill gives this authority to the Secretary of Homeland Security, the Secretary of State, or a consular officer, using their “reasonable judgment” based on the facts of the case.

Practical effect

In practice, the bill would allow the government to deny visas, refuse entry, or remove certain foreign nationals if officials believe they are traveling to the U.S. mainly to have a child here and obtain U.S. citizenship for that child.