Trump Administration Aims to Restrict Birth Tourism

Homeland Security Secretary Markwayne Mullin announced efforts to prevent late-stage pregnant women from entering the U.S. This initiative targets birth tourism, aiming to curtail foreign nationals from traveling to the U.S. to give birth and secure citizenship for their children. Mullin discussed collaborating with the Department of Justice and the Department of Health and Human Services on implementing new rules.

Birth Tourism Crackdown

Mullin communicated on Fox News that women in their third trimester should be restricted from entering the country to address birthright citizenship issues. A DHS spokesperson confirmed the focus on possible federal law violations, such as visa fraud.

An executive order signed by Trump on August 6 directs the State Department and Homeland Security to prevent nonimmigrant visa use for birth tourism. It allows for denial or revocation of visas and travel authorizations, examining travelers at borders, and acting against facilitators. Humanitarian and national-interest exemptions remain available.

Visa and Entry Procedures

Leon Fresco, a former deputy assistant attorney general, explained the existing methods to enforce the order. Travelers entering the U.S. must be admitted by a Customs and Border Protection officer. Pregnant travelers suspected of intending to give birth in the U.S. might face additional questioning or be asked to take a pregnancy test.

Regulatory Framework

Traveling to the U.S. while pregnant is not inherently prohibited. Current B-category visitor visa rules focus on the traveler’s primary purpose. The 2020 regulation limits tourist visas for obtaining U.S. citizenship for a child. Applicants must demonstrate that giving birth is not the trip’s primary purpose.

Medical treatment is still an acceptable reason for a B-2 visa. Applicants must prove they can afford treatment and related expenses and intend to return home after the visit.

Enforcement Tactics

Fresco explained the administration’s procedures to prevent birth tourism include high scrutiny during visa application processes and border inspections. The Birth Tourism Prevention Task Force was established to review visa holder activities and identify potential birth tourism cases. Over 600 visas have been revoked worldwide, although not all revocations indicate birth tourism involvement.

Understanding Birth Tourism

Estimating birth tourism’s scale is challenging. The practice involves traveling specifically to give birth to a U.S. citizen child, sometimes for future immigration benefits when the child becomes an adult. Companies organize such arrangements, though verifying estimates is difficult.

Connection to Birthright Citizenship

The birth-tourism order accompanies another executive order limiting U.S.-born children’s citizenship categories. A federal judge issued a preliminary injunction against applying the newer citizenship order to certain groups. However, attempts to influence family-based immigration benefits tied to U.S.-born children might face legal challenges.