Congress criminalizes pregnancy: 10-year sentence for entering U.S. to give birth
H.R. 9850 — No Deliveries Act · Filed by Randy Fine (R-FL) · Introduced Jul 22, 2026 · Referred to committee
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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 full analysis lists 5 implications of this text.
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.