Senator Marsha Blackburn and Representative Andy Ogles Offer Different Approaches for Addressing Birth Tourism

Senator Marsha Blackburn

by Rod Williams, July 9, 2026 -  Following the Supreme Court's ruling upholding birthright citizenship, there has been a lot of talk of somehow overturning it. Of course, as everyone knows, legislation cannot amend the Constitution and the Constitution is hard to amend, as it should be. To propose a Constitutional amendment requires a joint resolution of Congress, getting the approval of two-thirds of both the House of Representatives and the Senate. Then the proposed amendment must be ratified by three-fourths of the states, which is 38 of the states. That is not going to happen in order to overturn birthright citizenship.

The other way to amend the Constitution is by a Constitutional Convention. If two-thirds of state legislatures formally request it, Congress must call a convention to propose amendments. This method has never been used. It is not going to happen to overturn birthright citizenship.

That the Constitution is difficult to amend does not mean Congress is powerless to address the perceived problems with birthright citizenship. One of the greatest concerns about birthright citizenship is "birth tourism," in which expectant mothers travel on tourist visas during the later stages of pregnancy to give birth on American soil. Upon birth, the child receives a birth certificate and citizenship. 

Representative Andy Ogles

The Center for Immigration Studies (CIS) has estimated 20,000 to 26,000 births per year may result from birth tourism. Other estimates put the number lower. Even at the high number, that is less than 1% of annual births, but that is a lot of people. I am among those who find this concerning. The practice is concentrated among wealthy nationals from China, Russia, and a few from other countries. A whole industry has built up around facilitating this desire to give birth in America with trip planning and birthing centers.

It is not hard to imagine children born in the US and raised in China, being sent back to the US for nefarious purposes when they become adults.  Nor is it hard to imagine Russian oligarchs desiring to have a child with American citizenship to help facilitate expanding their business holdings in America.  I favor legislation to curtail the practice of birth tourism. 

Both Representative Andy Ogles and Senator Marsha Blackburn have introduced legislation to address the issue, but are taking different approaches. Congressman Ogles has introduced the "Anchors Away Act," which would amend the Immigration and Nationality Act's definition of who is subject to the jurisdiction of the United States for purposes of birthright citizenship. Under his proposal, a child born in the United States would automatically receive citizenship only if at least one parent is a U.S. citizen, a lawful permanent resident or an active-duty member of the U.S. armed forces. This act attempts to address the whole issue of birthright citizenship instead of focusing on birth tourism. This would almost certainly be struck down. It is as contrary to the 14th Amendment as was Donald Trump's executive order on birthright citizenship. I think even Trump loyalists would see this as a simple act of defiance and a waste of time. 

Sen. Blackburn's bill is focused simply on "birth tourism." The proposed legislation, titled the “Ban Birth Tourism Act,” would amend the Immigration and Nationality Act to prohibit foreign nationals from obtaining tourist visas for the primary purpose of giving birth in the United States. It would still allow individuals seeking legitimate medical care related to a problem with childbirth to visit the US for childbirth if U.S. citizenship for the child is not the primary purpose of their travel. 

While Ogles' proposal seeks to change how federal law defines eligibility for birthright citizenship, Blackburn's bill focuses on restricting the use of temporary visas by individuals traveling to the United States for the primary purpose of giving birth. Blackburn's bill makes sense and deserves careful consideration; Ogles bill needs to never see the light of day. 

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