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119-s-5527119th Congress

Birth Tourism Elimination Act

Sponsored By: Senator Scott, Tim [R-SC]

Introduced

Summary

Stops birth tourism by limiting who can enter the U.S. to give birth. This bill would add a new inadmissibility ground for visitors whose primary purpose is obtaining U.S. citizenship for a child and would codify visa and parole rules to deter that practice.

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  • Pregnant travelers and families: Travelers who appear to be coming primarily to give birth could be denied B‑2 visas, blocked from using the Visa Waiver Program, referred to secondary inspection, or subject to expedited removal.
  • Border and consular officers: Consular and Customs and Border Protection officers would have clearer authority to deny admission on reasonable belief and to prevent humanitarian parole for birth‑tourism cases. DHS and the State Department would submit semiannual reports covering six enforcement metrics.
  • Facilitators and businesses: The bill would create a new criminal offense targeting facilities, sponsors, advertisers, and others who organize or profit from birth‑tourism operations, increasing legal exposure for promoters and service providers.

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Bill Overview

Analyzed Economic Effects

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

New crime for birth-tourism facilitators

This bill would create a federal crime for anyone who knowingly organizes, advertises, sponsors, profits from, or otherwise facilitates birth tourism. The new offense would apply to people acting for themselves or on behalf of an entity, including certain foreign entities of concern. Penalty cross-references would be updated so prosecutors could charge and penalize businesses and people who run or profit from birth-tourism schemes.

New limits on birth tourism entry

This bill would make visitors inadmissible if their main reason to come is to give birth so a child gets U.S. citizenship. Consular officers and CBP officers would be able to deny B-2 visas or entry when they reasonably believe birth tourism is the primary purpose. The Visa Waiver Program, including ESTA and Guam/CNMI waivers, would not be usable for that purpose. Humanitarian parole would be barred for birth-tourism cases, but people returning on advance parole tied to a pending green-card application would be exempt. Officers who suspect birth tourism would refer travelers to secondary inspection and could use expedited removal, and officials could send such travelers back to the country they came from unless the traveler withdraws the admission request and returns home. The bill would keep exceptions for legitimate medical-treatment visits that meet new proof rules and for children who are biological children of U.S. citizens, lawful permanent residents, or those who got LPR status as refugees or asylees.

Sponsors & CoSponsors

Sponsor

Scott, Tim [R-SC]

SC • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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