Bills of Congress May 20, 2025 by U.S. Congress

S.1812 - Ban Birth Tourism Act (119th Congress)

Summary

The "Ban Birth Tourism Act" (S.1812) aims to amend the Immigration and Nationality Act to prevent aliens from entering the United States specifically to obtain citizenship for their children by giving birth on US soil. The bill targets individuals seeking nonimmigrant visas under section 101(a)(15)(B) with the primary intention of securing US citizenship for their child. It includes a rule of construction to ensure that aliens seeking legitimate medical treatment related to childbirth are not rendered inadmissible if obtaining citizenship for the child is not their primary purpose.

The bill was introduced in the Senate by Mrs. Blackburn and referred to the Committee on the Judiciary. The proposed legislation seeks to address concerns related to individuals exploiting the 14th Amendment's citizenship clause.

This act does not prevent aliens seeking legitimate medical treatment related to childbirth if obtaining citizenship for the child is not the primary purpose for seeking admission.

Expected Effects

If enacted, the "Ban Birth Tourism Act" would likely lead to increased scrutiny of visa applications, particularly for pregnant women seeking entry into the US. It could reduce the number of children born in the US to foreign nationals who specifically travel to the US for that purpose.

It may also lead to legal challenges regarding the interpretation and enforcement of the "primary purpose" clause. The bill could affect diplomatic relations with countries from which such birth tourism is prevalent.

It could also lead to increased administrative burden on immigration officials to determine the primary purpose of a pregnant woman's visit.

Potential Benefits 3/5

- May reduce strain on social services and healthcare systems in certain areas.
- Could deter exploitation of the US birthright citizenship provision.
- May strengthen border security by addressing perceived loopholes in immigration law.
- Could lead to a more controlled and regulated immigration process.
- Could reduce potential for fraud and abuse related to citizenship acquisition.

Most Benefited Areas:

Fiscal Responsibility & Fair Taxation ★ ★ ★ ★ ★

Potential Disadvantages

- Could lead to discrimination and profiling of pregnant women at ports of entry.
- May negatively impact the tourism and hospitality industries.
- Could face legal challenges based on equal protection and due process concerns.
- May damage the US's reputation as a welcoming nation for immigrants.
- Could create a chilling effect on legitimate medical tourism.

Most Disadvantaged Areas:

Social Equity & Poverty Reduction ★ ★ ★ ★ ★

Individual Liberties, Rights & Privacy ★ ★ ★ ★ ★

International Standing & Cooperation ★ ★ ★ ★ ★

Constitutional Alignment 3/5

The bill's constitutional alignment is complex. The 14th Amendment grants citizenship to all persons born or naturalized in the United States and subject to its jurisdiction. The bill attempts to limit this by focusing on the "primary purpose" of the alien seeking admission, which introduces a subjective element.

Legal challenges could arise based on the interpretation of the 14th Amendment's citizenship clause and whether Congress can restrict citizenship based on the intent of the parents. The bill does not appear to violate any other specific constitutional provisions, such as the First Amendment.

However, the potential for discriminatory enforcement could raise concerns under the Equal Protection Clause of the 14th Amendment.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to citizens. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).