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Sen. Marsha Blackburn, R-Tenn., has reintroduced legislation that would stop foreign nationals from obtaining temporary U.S. visas for the purpose of giving birth and would make birth tourism a deportable offense under federal immigration law.
The proposal comes weeks after the Supreme Court ruled that President Donald Trump’s executive order limiting birthright citizenship violated the 14th Amendment.
In a 5-4 decision in Trump v. Barbara, the court held that excluding U.S.-born children of illegal immigrants and foreign tourists from automatic citizenship was unconstitutional.
“Following the Supreme Court’s decision in Trump v. Barbara, Congress must step up to the plate to protect the integrity of American citizenship,” Blackburn told Breitbart News on Friday.
Blackburn first introduced the Ban Birth Tourism Act in May 2025. According to Breitbart, the legislation is now co-sponsored by Republican Sens. Ted Budd of North Carolina, John Cornyn of Texas, Cynthia Lummis of Wyoming, Tim Sheehy of Montana, Jim Banks of Indiana and Rick Scott of Florida.
“I’m grateful to my Republican colleagues for joining me in reintroducing the Ban Birth Tourism Act to make it crystal clear that any alien seeking to come to our country to engage in birth tourism is both inadmissible and deportable under the Immigration and Nationality Act,” Blackburn said.
A revised 2020 report by the Center for Immigration Studies estimated that approximately 33,000 children are born each year in the United States to women who entered the country on tourist visas. Because those children are born on U.S. soil, they receive American citizenship at birth and may later sponsor their parents for permanent residency after reaching adulthood.
Blackburn’s proposal is one of several Republican immigration bills introduced following the Supreme Court’s ruling.
Earlier this week, Sen. Jim Banks, R-Ind., said his Citizenship Act of 2026 would classify individuals who enter the United States illegally or for the purpose of birth tourism as “invaders” and would amend the Immigration and Nationality Act to deny automatic citizenship to their U.S.-born children.
Last week, Rep. John McGuire, R-Va., introduced the Birthright Citizenship Clarification Act of 2026, which would also seek to limit automatic citizenship for children born to illegal immigrants and certain temporary visa holders.
