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U.S. Senator Marsha Blackburn Proposes Law to End Birth Tourism in America

May 20, 2025 at 03:06 pm by WGNS News


WASHINGTON, DC - Birthright citizenship in the United States is based on the 14th Amendment to the Constitution, which states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This means that any child born on U.S. soil is automatically a U.S. citizen, regardless of the parents’ nationality or immigration status. This policy is known as jus soli, or “right of the soil,” and it applies even if the child’s parents are in the country temporarily or without legal documentation.

If a woman becomes pregnant while living in the United States and gives birth in the country, her child is a U.S. citizen. Similarly, if a pregnant woman visits the U.S. on a temporary visa—such as a tourist visa—and gives birth while in the country, her child also becomes a U.S. citizen. This situation has led to concerns about "birth tourism," where some foreign nationals travel to the U.S. primarily to give birth so their child can gain citizenship. However, as of now, the law does not prevent this from happening, and children born in the U.S. under these circumstances are still granted full citizenship. Any changes to this policy would require either a new law or a constitutional amendment.

U.S. Senator Marsha Blackburn, who represents Rutherford County along with other Middle Tennessee communities, introduce a new bill called the “Ban Birth Tourism Act.” This bill aims to stop foreign visitors from coming to the United States solely to have a baby in hopes that the child will become a U.S. citizen. Senator Blackburn and others argue that this practice takes unfair advantage of U.S. immigration laws.

During the COVID-19 pandemic shutdown, birth tourism decreased by about 50%, but today, rising numbers show that the U.S. is returning to pre-pandemic levels of such births.

Blackburn said, “The Ban Birth Tourism Act would prevent foreign nationals, including those from adversaries like Communist China and Russia, from buying American citizenship for their children. As President Trump works to end birthright citizenship, we need to get this bill to his desk.”

The proposed law would amend the Immigration and Nationality Act, making it more difficult to obtain a U.S. visa if the primary reason for visiting is to give birth to a child who would gain citizenship. However, the bill ensures that pregnant women seeking legitimate medical treatment—not citizenship for their child—will still be allowed entry.

According to Senator Blackburn, birth tourism is a booming multi-million-dollar industry. Some companies have even capitalized on the appeal of U.S. citizenship by offering trip-planning services specifically for pregnant foreign nationals. Data from Blackburn’s office shows that so-called birth tourism results in at least 33,000 births annually to women on tourist visas. These births result in automatic U.S. citizenship for the infant, who may later sponsor their parents for immigration to the United States once they turn 21.

  • The Ban Birth Tourism Act would amend the Immigration and Nationality Act and ban birth tourism as a permissible basis for obtaining a temporary visitor visa. 

MORE: In 2021, Blackburn introduced a previous bill on the subject that was against birth tourism and illegal immigration fraud (Click Here to be directed to an outside page to read more). Or, Click Here to read the most recently introduced bill by Blackburn.

 

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