Sen. Blackburn Revives Ban Birth Tourism Act

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Sen. Marsha Blackburn, R-Tenn., has reintroduced legislation that would ban giving birth as a permissible basis for obtaining a temporary U.S. visa while adding birth tourism as a deportable offense under federal law.

Blackburn's move comes weeks after the Supreme Court struck down President Donald Trump's executive order limiting birthright citizenship.

The court's 5-4 decision in Trump v. Barbara declared that excluding the U.S.-born children of illegal aliens and foreign tourists from birthright American citizenship violates the 14th Amendment.

"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 of her Ban Birth Tourism Act, which she first introduced in May 2025.

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 have signed on as co-sponsors of the bill, according to Breitbart News.

"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.

The Center for Immigration Studies estimated in a revised 2020 report that about 33,000 children are born in the United States each year to women who entered the country on tourist visas, receiving U.S. citizenship at birth because they were born on American soil. The report said those children can later sponsor their parents for green cards once they become adults.

Blackburn's bill joins other legislation introduced following the Supreme Court's decision in Trump v. Barbara.

Banks told Newsmax on Tuesday that his Citizenship Act of 2026 would declare people who enter the United States illegally or for the purpose of birth tourism to be "invaders." The bill would also amend the Immigration and Nationality Act to exclude their children from birthright citizenship.

Last week, Rep. John McGuire, R-Va., introduced the Birthright Citizenship Clarification Act of 2026, which also seeks to deny automatic citizenship to children born to illegal aliens and certain temporary visa holders.

Banks and McGuire pointed to a path provided by Justice Brett Kavanaugh in a separate opinion for their bills to withstand constitutional scrutiny.

Kavanaugh concluded that Trump's executive order conflicted with federal citizenship law and wrote that Congress would need to amend the Immigration and Nationality Act or enact new legislation before such restrictions could take effect.

"Justice Kavanaugh, in his concurrent opinion, gave us the keys to unlock and define who is eligible for birthright citizenship," Banks told Newsmax.

"Congress must pass a bill to determine that. That's what Kavanaugh said in his concurrent opinion. So that's what my bill does," he said.

Michael Katz

Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.

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