Summary#
This bill adds a new crime to the federal statute that targets people who come to the United States for the purpose of giving birth (“birth tourism”) and who lie about that purpose. The main change is a specific criminal penalty for knowingly entering the U.S. to give birth when the parents are not U.S. citizens or lawful permanent residents and misrepresenting that purpose. If the person is convicted and the child is born in the United States, the bill sets a minimum prison term of 10 years and a maximum of 25 years. The bill also allows a U.S. district court to order deportation at the time of sentencing for anyone convicted under this rule.
- Main change: Creates a specific offense for entering the U.S. to give birth and misrepresenting that purpose, added to the existing federal law against entry- or visa-related fraud.
- Penalties: Prison time — not less than 10 years if the offense led to a child being born in the U.S., and up to 25 years in other cases as the statute is written.
- Removal: Courts can order removal (deportation) at sentencing for convicted noncitizens.
- Does not amend the Constitution or say anything about whether a child born in the U.S. would be a citizen.
What it means for you#
- Pregnant travelers who are not U.S. citizens or lawful permanent residents: If you enter the U.S. knowing your purpose is to give birth here and you lie about that purpose on visa forms or to immigration officers, you could face criminal charges, long prison terms, and deportation if convicted.
- Families using “birth tourism” services or agents: People who arrange travel to the U.S. for the purpose of giving birth could be at risk of criminal liability if the conduct fits the law’s wording about knowing entry and misrepresentation.
- Immigration courts and federal prosecutors: The bill creates a distinct federal offense that prosecutors can bring and gives district courts explicit authority to order removal at sentencing.
- U.S.-born children of affected parents: The bill does not say it changes the child’s status. The text does not address or change birthright citizenship rules.
- Airlines, consular staff, and visa applicants: The addition may lead to closer questioning about travel purpose for pregnant travelers and more scrutiny of visa answers that could be seen as misrepresentation.
Expenses#
No publicly available information.
- The bill does not include a fiscal note or cost estimate in the provided material.
- This change could lead to more federal investigations, prosecutions, court hearings, prison terms, and deportation proceedings — all of which would likely increase enforcement, court, and detention costs. These costs are not estimated in the bill text.
Proponents' View#
- The bill appears intended to deter people from coming to the U.S. solely to give birth so their children obtain U.S. birthright benefits.
- Making the conduct a specific federal crime could make enforcement more straightforward than relying on more general fraud or visa statutes.
- Allowing courts to order removal at sentencing would speed up deportation of people convicted under the new rule.
Opponents' View#
- One concern is the severity of the penalties: a mandatory minimum of 10 years in prison (if the child is born in the U.S.) is a heavy sentence for a misrepresentation tied to travel and medical care.
- The bill does not explain how to prove a person’s intent to “give birth” in the U.S. or what counts as a misrepresentation, which could make prosecutions difficult or inconsistent.
- It is unclear how the law would treat people who travel for medical reasons or for necessary care, or who become unexpectedly pregnant, so ordinary medical visitors could be caught up by error or aggressive enforcement.
- The law could create practical problems if parents are deported while children born in the U.S. remain citizens; the bill text does not address child custody or welfare issues.
- The bill does not provide cost estimates, so it is unclear how much additional spending or detention capacity would be needed.
What is unclear: The bill’s text does not define key terms (for example, how to prove intent to give birth in the U.S., what kinds of misstatements qualify, or whether one or both parents must lack U.S. nationality or lawful permanent residency), and it does not include a fiscal estimate.