What does Preamble of BACK OFF Act do?

This bill aims to bar aliens from admission to the United States for birth tourism purposes The bill seeks to prevent undermining of U.S. sovereignty through birth on U.S. soil

What does SHORT TITLES. of BACK OFF Act do?

This bill is formally titled the Barring American Citizenship by Keeping Out Foreign Fraudsters or the BACK OFF Act

What does GROUNDS FOR INADMISSIBILITY TO, AND REMOVAL FROM THE UNITED of BACK OFF Act do?

This section amends the Immigration and Nationality Act to establish grounds for inadmissibility and removal from the United States based on engaging in 'birth tourism'. An alien is inadmissible if they are not lawfully admitted as a permanent resident or have not maintained lawful permanent resident status and are seeking to enter or reenter the U.S. to engage in birth tourism. Inadmissibility also applies if an alien is likely to give birth within 10 months of entry, potentially obtaining U.S. citizenship for the child. The Secretary of Homeland Security, Secretary of State, or a consular officer makes the 'reasonable judgment' regarding birth tourism intent. Conviction or admission to committing certain offenses (sections 274E, 274F, 275(e), or 1546A of Title 18) also constitutes a ground for inadmissibility. The grounds of inadmissibility related to birth tourism cannot be waived. Aliens inadmissible under this subparagraph are ineligible for parole. This section also establishes grounds for deportability based on similar criteria, including conviction of specified offenses or being described in section 212(a)(2)(F). Deportability based on birth tourism also cannot be waived. Aliens deportable under this clause are ineligible for parole.

What does MANDATORY DETENTION FOR CRIMINAL ALIENS INADMISSIBLE OR SUBJECT of BACK OFF Act do?

This section amends Section 236(c)(1) of the Immigration and Nationality Act. The amendment modifies subparagraphs (A), (B), and (C) by removing commas. Subparagraph (D) is modified by removing ‘`, or’ and inserting a semicolon. Subparagraph (E)(ii) is modified by removing a comma and inserting ‘`; or`’. A new subparagraph (F) is added to subparagraph (E)(ii), addressing inadmissibility or deportability based on certain convictions. The new subparagraph (F) specifies conviction, admission, or acts related to offenses under sections 274E, 274F, 275(e), or 1546A of Title 18, United States Code.

What does EXPEDITED REMOVAL FOR ALIENS ENGAGED IN BIRTH TOURISM. of BACK OFF Act do?

This section amends the Immigration and Nationality Act to establish expedited removal procedures for aliens determined to be inadmissible or deportable based on 'birth tourism'. Immigration officers can order the removal of such aliens, subject to review by an immigration judge within 7 days. The alien bears the burden of proof to demonstrate they are a lawful permanent resident or not described in specific inadmissibility or deportability sections. Aliens subject to expedited removal are entitled to reasonable notice, legal representation, and an opportunity to inspect and submit evidence. The Secretary of Homeland Security must return aliens arriving from contiguous territories or the Commonwealth of the Northern Mariana Islands/Guam pending a final decision. Judicial review of any findings, decisions, or actions taken under this section is prohibited. If a country refuses to accept a removed alien within 14 days, visa issuance for its citizens will be paused for 180 days, and admission will be suspended. Exceptions to the visa suspension exist for national security or foreign policy reasons, but are limited and require approval at the Deputy Secretary level.

What does MANDATORY MEDICAL EXAMINATIONS FOR ALIENS SEEKING VISAS, of BACK OFF Act do?

This section amends the Immigration and Nationality Act to require medical examinations for aliens seeking visas or admission to the United States. Aliens who are biological females of childbearing age may be required to undergo a medical examination to determine if they are likely to give birth in the United States. The Secretary of State or consular officer may deny a nonimmigrant visa or withhold visa issuance if the alien is suspected to be likely to give birth within 10 months in the United States. Detention is allowed for aliens suspected of being inadmissible or deportable due to birth tourism, to enable a medical officer to determine if the alien is likely to give birth during their stay. A medical officer of the United States Public Health Service shall conduct the examination and certify the findings.

What does CRIMINAL PENALTIES FOR FACILITATING BIRTH TOURISM. of BACK OFF Act do?

This section amends the Immigration and Nationality Act to establish criminal penalties related to 'birth tourism'. It prohibits knowingly forging documents, providing false documents to aliens, or assisting aliens with fraudulent visa applications. It establishes penalties for healthcare theft or embezzlement related to birth tourism, involving the misuse of federal healthcare program assets. It also criminalizes schemes to defraud federal healthcare programs or obtain money through false pretenses related to birth tourism. The section expands penalties for improper entry by aliens, including providing housing, transportation, or financial support related to birth tourism. Finally, it establishes penalties for aiding or assisting aliens to enter or remain in the United States for the purpose of giving birth to obtain U.S. citizenship for the child.

What does BIRTH TOURISM TASKFORCE. of BACK OFF Act do?

This section establishes a Taskforce on Birth Tourism within the Department of Homeland Security. The Taskforce will investigate individuals, organizations, and entities facilitating schemes to allow aliens to enter the U.S. for the purpose of giving birth. The Taskforce is required to refer cases to the Department of Justice for potential criminal prosecutions. It will develop training materials for local law enforcement on investigating and detecting related criminal offenses. The Taskforce must coordinate with various agencies, including the Department of Agriculture and the Federal Bureau of Investigation. The Taskforce is required to submit annual reports to specified Congressional committees. These reports will detail the number of charges filed, convictions, and investigations where charges were not filed related to violations of laws described in the section.

What does EXEMPTION FROM PAPERWORK REDUCTION ACT AND THE ADMINISTRATIVE of BACK OFF Act do?

This section exempts certain Secretaries from the Paperwork Reduction Act This section exempts certain Secretaries from the Administrative Procedure Act Exemptions apply if compliance would impede immediate implementation

What does EFFECTIVE DATE. of BACK OFF Act do?

This Act will take effect upon its enactment.

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BACK OFF Act

Last updated: 5/12/2026 · Introduced: 5/12/2026

Author: John Cornyn (R-TX)

TL;DR (AI)

The bill establishes new grounds for denying admission or deporting aliens who enter the U.S. primarily to give birth, known as 'birth tourism'.
It mandates detention for criminal aliens inadmissible or deportable based on certain offenses, including those related to birth tourism schemes.
The bill creates expedited removal procedures for aliens suspected of birth tourism, allowing for quick deportation with limited judicial review and potential visa suspensions for their country of origin.
It requires medical examinations for female aliens of childbearing age seeking visas or admission to assess the likelihood of childbirth in the U.S.
The bill establishes criminal penalties for individuals and organizations facilitating birth tourism, including document fraud, healthcare theft, and assisting illegal entry.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short titles., and 8 more.

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