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119-hr-9876119th Congress

BAN Act

Sponsored By: Representative Rose, John W. [R-TN-6]

Introduced

Summary

Makes birth tourism a federal inadmissibility and criminal offense. This bill would define “birth tourism,” bar admission for visitors who come primarily to give birth, and create criminal penalties and removal options for facilitators and accomplices.

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  • Visitors and families: Visitors who come primarily to give birth would be denied admission. Border officers could consider third trimester status, an expected delivery date during the stay, or being pregnant on a temporary visa. Medical visits deemed necessary by the Secretary of Health and Human Services are excluded.
  • Spouses, partners, and immediate family: A spouse, partner, or immediate family member who knowingly participates in or helps conceal birth tourism would be inadmissible and could face visa revocation, expedited removal, or removal.
  • Organizers and enforcers: Individuals or entities that arrange, advertise, finance, or manage commercial birth-tourism enterprises could be fined or imprisoned for up to 10 years. A U.S. district court could issue a judicial order of removal at sentencing for anyone convicted under the law.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

New bans and penalties for birth tourism

If enacted, the bill would define "birth tourism" as visiting the United States mainly to give birth to a child who does not have a U.S. national parent. It would bar admission of people coming to give birth and of spouses or immediate family who knowingly help them; officers could consider third-trimester status, an expected delivery during the stay, or seeking a temporary visa while pregnant. The bill would make lying about pregnancy or hiding facts to gain admission a federal crime punishable by up to 10 years in prison, let courts order removal at sentencing for convicted aliens, and allow fines or prison for people or businesses that organize commercial birth-tourism services. The definition would still exclude visits for medical treatment when the Secretary of Health and Human Services finds that care is necessary.

Sponsors & CoSponsors

Sponsor

Rose, John W. [R-TN-6]

TN • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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