BACK OFF Act

Bill Number

S. 4501

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Immigration

Status

Introduced

Latest Action

2026-05-12: Read twice and referred to the Committee on the Judiciary. (text: CR S2239-2240)

Last Updated

2026-05-28T14:48:49Z

AI-Generated Summary

Purpose

The legislation, titled the "Barring American Citizenship by Keeping Out Foreign Fraudsters" or "BACK OFF Act," aims to prevent foreign nationals from entering or remaining in the United States specifically to give birth on U.S. soil, thereby obtaining U.S. citizenship for their child under current birthright rules. It seeks to deter "birth tourism" and protect U.S. sovereignty by imposing new barriers on such travel.

Key Provisions

• Inadmissibility and Deportability Grounds: Amends the Immigration and Nationality Act to make aliens inadmissible or deportable if they seek entry for birth tourism, are likely to give birth within 10 months of entry, or have engaged in such activity, based on judgments by DHS, State Department, or consular officers. No waivers are allowed.
• Mandatory Detention: Requires detention for aliens subject to these new grounds, including those convicted of related offenses.
• Expedited Removal: Creates fast-track removal procedures without full hearings for affected aliens, with limited review by immigration judges within 7 days and restrictions on judicial review.
• Medical Examinations: Mandates physical exams by U.S. Public Health Service officers for biological females of childbearing age seeking B visas (business or pleasure) to assess likelihood of giving birth in the U.S. during their stay; denial or delay of visas is permitted based on findings.
• Criminal Penalties: Introduces new offenses under the INA and Title 18 U.S.C. for facilitating birth tourism, such as providing false documents, healthcare fraud, or assisting with travel and support, with minimum 10-year prison terms and fines up to $100,000 per case.
• Birth Tourism Taskforce: Establishes a DHS-led taskforce to investigate facilitators, refer cases for prosecution, train local law enforcement, and report annually to Congress.
• Enforcement Tools: Allows suspension of visa issuance and admission for countries refusing to accept removed aliens, with limited national security exceptions; exempts the Act from Paperwork Reduction Act and Administrative Procedure Act requirements for quick rollout.

Significant Changes to Existing Law

• Adds specific birth tourism provisions to INA Sections 212 (inadmissibility) and 237 (deportability), expanding beyond general fraud or criminal grounds.
• Introduces mandatory medical screening for certain visa applicants, a new requirement not present in prior immigration law.
• Creates expedited removal processes that bypass standard hearings and limit appeals, differing from existing removal procedures under Section 235.
• Establishes severe criminal penalties for facilitators, including healthcare-related fraud, which go beyond current smuggling or fraud statutes.
• Forms a dedicated taskforce and reporting system, altering agency coordination without prior equivalent mandates.

Potential Impacts

• Government Agencies: Increases operational demands on DHS (for detentions, removals, and taskforce work), State Department (visa processing and medical certifications), and HHS (public health exams), potentially requiring more resources and straining border and consular systems.
• Citizens: May indirectly affect U.S. citizens by limiting family visits or tourism involving women of childbearing age, though the focus remains on non-citizens; healthcare facilities could face changes in international patient policies.
• International Relations: Risks diplomatic tensions with countries whose nationals are frequently involved in birth tourism, as refusal to repatriate could trigger broad visa bans; exceptions for security interests aim to mitigate but may not prevent broader strains.

Main Stakeholders Affected

• Foreign nationals seeking entry for birth-related purposes and their facilitators (e.g., travel agencies, document providers, or healthcare entities).
• U.S. federal agencies including DHS components (CBP, ICE, USCIS), State Department, DOJ, and HHS.
• Foreign governments and their citizens subject to visa suspensions or removals.
• U.S. immigration courts, attorneys, and local law enforcement involved in training and enforcement.
• Hospitals and healthcare providers handling births for international patients.

Notable Legal, Constitutional, or Political Implications

• Raises potential due process concerns under the Fifth and Fourteenth Amendments due to expedited removals with limited hearings and judicial review restrictions.
• May invite challenges related to gender- and age-based medical exams, possibly implicating equal protection or Fourth Amendment search issues.
• Politically, it targets a practice tied to birthright citizenship debates without amending the Fourteenth Amendment, focusing instead on entry controls; the immediate effective date and exemptions from standard rulemaking could lead to legal disputes over implementation.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Cornyn, John [R-TX]

Cosponsors (1)

Sen. Budd, Ted [R-NC]

Recent Actions

• 2026-05-12: Read twice and referred to the Committee on the Judiciary. (text: CR S2239-2240)
• 2026-05-12: Introduced in Senate

Bill Versions

• Barring American Citizenship by Keeping Out Foreign Fraudsters — issued 2026-05-12 — PDF (23 pages)