House Republicans introduced companion legislation Thursday seeking to permanently ban birth tourism in the United States, an effort that follows the Supreme Court’s recent decision to strike down President Trump’s executive order targeting birthright citizenship. Georgia Rep. Rich McCormick’s bill, paired with a Senate version from Tennessee’s Marsha Blackburn, would close what Republicans call a loophole allowing foreign nationals to travel to the U.S. specifically to secure citizenship for their children.
Story Highlights
Rep. Rich McCormick introduced the House companion to the Ban Birth Tourism Act of 2026, following Sen. Marsha Blackburn’s Senate version.
The legislation would make traveling to the U.S. for the primary purpose of giving birth grounds for inadmissibility and deportation.
The bill follows the Supreme Court’s ruling upholding birthright citizenship under the 14th Amendment, which blocked Trump’s earlier executive order.
What Happened
Georgia Republican Rep. Rich McCormick introduced legislation Thursday aimed at ending birth tourism in the United States, serving as the House companion to Tennessee Sen. Marsha Blackburn’s Ban Birth Tourism Act of 2026. The legislation would amend the Immigration and Nationality Act to specify that any foreign national seeking admission for the primary purpose of obtaining citizenship for a child through birth on U.S. soil would be inadmissible. The bill would also classify birth tourism as a deportable offense under federal immigration law.
The push comes directly in response to the Supreme Court’s recent ruling upholding birthright citizenship as a constitutional guarantee under the 14th Amendment, a decision that blocked Trump’s executive order seeking to reinterpret the amendment to exclude children born to parents without permanent legal status. That ruling represented a significant setback for the administration’s broader immigration enforcement agenda and prompted Republican lawmakers to pursue legislative alternatives to achieve similar goals through statute rather than executive action.
In a statement accompanying the bill’s introduction, McCormick said he was proud to join Blackburn in introducing the House companion, framing the effort as necessary to protect the integrity of American citizenship and restore public confidence in the immigration system. The legislation specifically targets foreign nationals who travel to the United States, often close to their due dates, with the primary purpose of ensuring their children receive automatic U.S. citizenship under current constitutional interpretation.
The bill arrives alongside other Republican proposals responding to the ruling, including a separate measure from Florida Rep. Randy Fine that would impose criminal penalties, ranging from 10 to 25 years in prison, for non-residents who travel to the U.S. specifically to give birth. White House Deputy Chief of Staff Stephen Miller had previously argued that birth tourism provides pregnant foreign nationals a direct pathway to American citizenship and public benefits for their children, a framing Republicans have used to build support for legislative action following the ruling.
Why It Matters
The legislative push represents a significant test of how far Congress can go in restricting birthright citizenship through statute after the Supreme Court explicitly rejected the administration’s attempt to reinterpret the 14th Amendment through executive action alone. Because the amendment’s citizenship clause is constitutional rather than statutory, legal experts note that any legislation restricting birth tourism will likely face its own court challenges regarding whether Congress can achieve through legislation what the executive branch was blocked from doing by judicial order.
For American immigration policy more broadly, the bill reflects continued Republican efforts to address birthright citizenship despite the Supreme Court’s ruling, signaling that the legal setback has not ended the broader political fight over how citizenship is granted to children born on U.S. soil to non-citizen parents.
For families and individuals who may be affected, the legislation’s provision making birth tourism a deportable offense raises significant questions about enforcement, including how immigration officials would determine intent for pregnant travelers and what due process protections would apply to those accused of violating the proposed law if enacted.
Economic and Global Context
Birth tourism has developed into a notable, if difficult to precisely quantify, global industry, with agencies in several countries specifically marketing U.S. birth tourism packages to prospective parents seeking American citizenship for their children. Acting Attorney General Todd Blanche acknowledged at a news conference following the Supreme Court’s ruling that birth tourism remains an active industry likely to continue operating regardless of legislative efforts absent enforceable restrictions.
The proposed legislation would place the United States among a smaller group of nations actively restricting birth tourism through explicit statutory language, a policy approach more common in countries that do not grant unconditional birthright citizenship. Most industrialized nations already require at least one parent to hold citizenship or permanent residency status for a child born within their borders to automatically receive citizenship, making the American system, prior to any changes, comparatively unique among developed economies.
Internationally, any successful restriction on birth tourism could affect diplomatic relationships with countries whose citizens most frequently participate in the practice, particularly if the legislation includes provisions affecting visa issuance or entry screening procedures for pregnant travelers from specific nations.
Implications
In the coming months, expect the McCormick-Blackburn legislation to face scrutiny in House and Senate committees, where lawmakers will need to address the constitutional questions raised by attempting to restrict birthright citizenship through statute after the Supreme Court blocked a similar effort via executive order. Legal challenges are likely regardless of whether the bill advances.
For immigration attorneys and advocacy organizations, the bill’s classification of birth tourism as a deportable offense will likely draw significant opposition focused on enforcement mechanisms and due process concerns, particularly how officials would establish intent for travelers who are pregnant but have other legitimate reasons for visiting the United States.
For voters and policymakers, the continued legislative push signals that the fight over birthright citizenship remains far from settled despite the ruling, with Republicans signaling they intend to pursue every available legislative avenue heading into the 2026 midterm elections.
Sources
“Rep. Rich McCormick Moves To Ban Birth Tourism Once And For All”Â
