The BAN Act seeks to curb "birth tourism" by establishing it as a ground for inadmissibility and creating criminal penalties for those who facilitate or engage in the practice of traveling to the U.S. primarily to secure birthright citizenship for a child.
John Rose
Representative
TN-6
The Birthright Abuse and Nationality (BAN) Act aims to curb "birth tourism" by establishing it as a formal ground of inadmissibility for foreign nationals entering the U.S. primarily to give birth. The bill introduces criminal penalties for those who commit visa fraud related to birth tourism and imposes strict consequences on entities that facilitate or promote the practice. Ultimately, the legislation seeks to protect the integrity of U.S. citizenship by ensuring it is not treated as a commercial product.
BAN Act Targets 'Birth Tourism' with 10-Year Prison Sentences and Immediate Deportation Powers
The Birthright Abuse and Nationality Act, or BAN Act, is a direct legislative swing at 'birth tourism'—the practice of foreign nationals traveling to the U.S. specifically so their children are born as American citizens. This bill doesn't just tweak existing rules; it creates a new legal definition for the practice and establishes it as a formal ground for inadmissibility. Under Section 4, if an immigration officer decides you are visiting primarily to give birth, you can be barred from entering the country entirely. This applies if neither parent is a U.S. national, though there is a narrow exception for medically necessary treatments approved by the Secretary of Health and Human Services on a case-by-case basis.
The Pregnancy Checkpoint
To catch birth tourism in real-time, the bill gives border agents specific red flags to look for under Section 4. They are instructed to consider if a traveler is in their third trimester, if the due date falls within their planned stay, or if they applied for a temporary visa while already pregnant. For a regular traveler, this means a much more invasive screening process. If you’re a foreign professional coming for a three-week conference while seven months pregnant, you might find yourself facing intense questioning to prove your 'primary purpose' isn't the delivery room. Because the law allows officers to use 'any other relevant evidence,' the potential for subjective judgment calls at the border is high.
Prison Time and Family Fallout
The BAN Act puts some serious teeth into enforcement by moving birth tourism into the criminal code. Under Section 5, knowingly failing to disclose a pregnancy or misrepresenting facts to get a visa for birth tourism is classified as fraud, carrying a sentence of up to 10 years in prison. It doesn't stop with the mother, either. Spouses or family members who 'materially assist' in concealing the plan can face visa revocation and expedited removal. This means a husband traveling with his pregnant wife could be deported or barred from the U.S. just for being part of the trip if the government decides the intent was birth tourism.
Cracking Down on the 'Citizenship Industry'
The bill also takes aim at the business side of things, targeting agencies that market U.S. birth packages. Section 5 creates a felony for anyone who organizes, advertises, or finances a commercial enterprise that assists birth tourism, also punishable by up to 10 years in prison. While this is meant to stop 'maternity hotels,' the broad language around 'facilitating' could create legal gray areas for legitimate travel agents or even healthcare consultants. Furthermore, the bill gives district courts the power to bypass the usual multi-year immigration court backlog by issuing 'judicial orders of removal' right at the time of a criminal sentencing, significantly speeding up the deportation process for those convicted.