Congress criminalizes pregnancy: 10-year sentence for entering U.S. to give birth

What it does

This bill makes it a federal crime for a non-citizen to enter the United States with the intent to give birth if the child's parents are not U.S. nationals or lawful permanent residents, and the person misrepresents that purpose. Conviction carries a mandatory minimum sentence of 10 years imprisonment. The bill also grants federal courts authority to order removal of the convicted alien at sentencing.

Why we flagged it

The bill creates a new federal crime targeting non-citizens who enter the U.S. to give birth while misrepresenting their purpose, with a mandatory 10-year minimum sentence. This is a targeted immigration enforcement measure, not a general criminal-law reform.

What the text implies

• The bill does not define 'purpose of giving birth' or clarify how prosecutors will prove intent to give birth at the time of entry—creating potential for prosecutorial overreach based on pregnancy status or national origin.
• A 10-year mandatory minimum for misrepresentation (not violence or fraud causing injury) is unusually severe and may trigger constitutional proportionality challenges.
• The bill does not address how courts will determine whether parents are 'nationals or lawful permanent residents'—a factual predicate that may be unclear or disputed at trial.
• Removal authority granted at sentencing may operate independently of immigration proceedings, creating dual-track enforcement and potential due-process complications.
• The bill's interaction with existing immigration law (INA § 212, visa fraud statutes) is unclear—it may create overlapping or conflicting liability.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

Who it affects

The bill creates a new criminal offense targeting a specific immigration conduct, which may deter certain entry patterns but also expands federal criminal liability and mandatory minimums—a cost to defendants and their families. The public benefit (if any) depends on whether birth tourism poses a genuine harm the bill addresses; the text does not establish that factual predicate, leaving the proportionality of a 10-year mandatory minimum unclear.

Named in the bill

18 U.S.C. § 1546, U.S. district courts, non-citizens, lawful permanent residents

Where it stands

• Jul 22, 2026 — Introduced · Congress.gov: “Introduced in House”
• Jul 22, 2026 — Referred to House Committee on the Judiciary · Congress.gov: “Referred to the House Committee on the Judiciary”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.