Birth Tourism Elimination Act

Makes a person inadmissible if they seek a B visitor admission primarily to obtain U.S. citizenship for a child by giving birth in the United States. It also bars humanitarian parole for that purpose, except for someone returning under advance parole based on a pending adjustment-of-status application; exceptions to inadmissibility cover certain legitimate childbirth treatment and a child who is the biological offspring of a U.S. citizen, lawful permanent resident, refugee, or asylee.

Writes into immigration law that obtaining U.S. citizenship for a child through birth in the United States is not a permissible “pleasure” purpose for a B-2 visa. Applicants seeking medical treatment must establish the treatment is legitimate, a U.S. provider has agreed to provide it, the visit’s length and costs are reasonably estimated, and they can pay; an applicant believed likely to give birth during the visit is presumed to have a birth-tourism purpose but may rebut that presumption.

Bars use of the Visa Waiver Program to enter the United States primarily to obtain citizenship for a child by giving birth there. It also bars the relevant waiver for that purpose in Guam and the Commonwealth of the Northern Mariana Islands.

Requires secondary inspection when an immigration officer has reason to believe an arriving person may be inadmissible for birth tourism. It makes such people subject to expedited removal and sets a removal destination, with an exception for a woman whose birth is incidental to her lawful admission.

Creates a criminal offense for knowingly facilitating, sponsoring, organizing, advertising, profiting from, or aiding and abetting birth tourism, whether acting independently or for an entity. The bill applies the existing penalty provision in section 1425 to this offense.

Requires Homeland Security, consulting with the State Department, to send semiannual reports to specified congressional committees. The reports must count visa and parole denials, visa-waiver entry denials, investigations, prosecutions, and removals related to birth tourism, covering the previous month.