Congress targets pregnant tourists with new deportation grounds
H.R. 9919 — Ban Birth Tourism Act of 2026 · Filed by Rich McCormick (R-GA) · 3 cosponsors · Introduced Jul 23, 2026 · Referred to committee
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What it does
This bill amends immigration law to make pregnant foreign nationals inadmissible to the U.S. if immigration officials reasonably believe they intend to give birth here to obtain citizenship for their child, and to make such aliens deportable if they enter and do so. The bill targets 'birth tourism'—the practice of traveling to the U.S. while pregnant to secure automatic citizenship for a newborn under the 14th Amendment's birthright citizenship clause.
Why we flagged it
The bill narrows the category of foreign nationals eligible for tourist-visa admission and creates a new deportability ground by targeting pregnant aliens whose stated or inferred intent is to secure birthright citizenship for a child. It is an enforcement mechanism, not a substantive change to citizenship law itself.
What the text implies
- The bill delegates to executive officials (DHS Secretary, State Secretary, consular officers) the power to infer intent based on 'reasonable judgment'—a highly subjective standard that may lead to discriminatory profiling of pregnant women from certain countries or socioeconomic backgrounds.
- The 10-month pregnancy window creates a rebuttable presumption: any pregnant alien admitted on a tourist visa who gives birth within 10 months is presumptively deportable unless she can prove her primary purpose was not citizenship-seeking, shifting the burden of proof.
The full analysis lists 4 implications of this text.
Who it affects
The bill restricts a narrow category of foreign nationals' immigration rights based on subjective official judgment about intent, raising due-process and enforcement-discretion concerns. However, it does not directly harm U.S.