Senate Bill Proposes Restrictions on Birth Tourism for U.S. Visas

Overview of Proposed Legislation

A new bill introduced by Senator Tim Scott aims to address birth tourism by revising U.S. visa regulations for pregnant women. Specifically, it seeks to create a legal assumption that certain pregnant visa applicants intend to secure U.S. citizenship for their children by giving birth in the country.

Details of the Birth Tourism Elimination Act

The Birth Tourism Elimination Act proposes amendments to federal immigration law, targeting foreign nationals seeking B visitor visas. If the main goal is childbirth in the United States to obtain citizenship for their child, they would be deemed inadmissible. Additionally, consular officers would assess visa applications from pregnant women based on whether giving birth is the primary purpose of their travel.

Applicants can counter this assumption by providing evidence of legitimate reasons for childbirth in the U.S. other than securing citizenship. For example, those seeking medical treatment must verify their purpose of visit, doctor arrangements, estimated expenses, and willingness to pay through legal means.

Implications for Visa Application Process

This bill could affect admissions decisions by consular officers and U.S. Customs and Border Protection officials. If officers reasonably believe a traveler intends to acquire citizenship for a newborn by giving birth, they may deny entry. Moreover, immigration officers suspecting birth tourism must conduct secondary inspections.

The legislation alters inadmissibility grounds under the Immigration and Nationality Act’s expedited-removal provisions. Limitations extend to the Visa Waiver Program and other waiver programs when the visit primarily aims to obtain citizenship through childbirth.

Exceptions apply for visits focused on legitimate childbirth-related medical treatment, excluding citizenship as the main purpose. Instances where an unborn child has a U.S. citizen as a parent are also exempt.

Penalties and Enforcement

The bill targets businesses engaging in birth tourism facilitation. Amendments to federal criminal law would penalize individuals and entities that sponsor or profit from birth tourism.

Senator Scott’s office references investigations into businesses serving foreign clients, particularly from China, highlighting efforts by companies such as You Win USA Vacation Services Corp.

Further, the Department of Homeland Security, alongside the State Department, would report visa and parole denials, investigations, and removals linked to these restrictions.

Connection to Previous Executive Actions

This legislative proposal echoes a federal policy initiated by the Trump administration targeting birth tourism under nonimmigrant visa classifications.

President Trump’s Executive Order, signed on August 6, defined birth tourism and outlined actions against visa abuse. It empowered relevant departments to exercise travel denials, revocations, and administrative measures against facilitators, while providing humanitarian exemptions.

According to data from the Migration Policy Institute, over 9,500 children were born to foreign residents in the U.S. and territories in 2024, highlighting the scope of the issue.

Legislation Status and Next Steps

Senator Scott’s bill seeks to codify the State Department’s 2020 rule prohibiting visitor visas for childbirth-focused travel. Referred to the Senate Judiciary Committee, it currently lacks cosponsors, though parallel legislation is underway in the House.

The House counterpart was introduced by Representative Richard McCormick with early support from Representatives Ken Calvert and Randy Fine. If enacted, this legislation aims to impose stringent congressional restrictions on birth tourism.