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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9876 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9876
To prohibit birth tourism, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2026
Mr. Rose introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit birth tourism, 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 ``Birthright Abuse and Nationality
Act'' or the ``BAN Act''.
SEC. 2. 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.
SEC. 3. 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.''.
SEC. 4. 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.''.
SEC. 5. 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.''.
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