BAN Act

(28) Birth tourism

(A) Birthing alien. Any alien who seeks admission to the United States to engage in birth tourism is inadmissible.

(B) Family members. Any alien who is a spouse, partner, or other immediate family member of an alien described in subparagraph (A) and knowingly participates in or facilitates birth tourism is inadmissible.

(C) Evidence. In determining whether an alien is seeking admission to engage in birth tourism under subparagraph (A), an immigration officer shall consider, among other relevant evidence, whether the alien—

(i) is in the third trimester of pregnancy at the time admission is sought;

(ii) has an expected delivery date during the anticipated period of stay; or

(iii) seeks admission in a temporary nonimmigrant classification while pregnant.