“To prohibit birth tourism, and for other purposes.”
No CRS summary available for this bill.
This section states congressional findings that the Supreme Court decision in Trump v. Barbara adopted an unduly narrow interpretation of the Citizenship Clause, that birth tourism treats U.S. citizenship as a commercial product, and that numerous other democratic nations require a parental legal connection to the country before conferring citizenship at birth.
This section defines "birth tourism" as an alien's visit to the United States for the primary purpose of giving birth to a child who has no parent who is a U.S. national. It excludes visits for medical treatment that the Secretary of Health and Human Services determines necessary on a case-by-case basis.
This section establishes birth tourism as a ground of inadmissibility. It renders inadmissible any alien seeking admission to engage in birth tourism and any spouse, partner, or immediate family member who knowingly participates in or facilitates it. Immigration officers must consider evidence including whether the alien is in the third trimester of pregnancy, has an expected delivery date during the anticipated stay, or seeks admission in temporary nonimmigrant status while pregnant.
This section establishes the criminal offense of birth tourism visa fraud, punishable by up to 10 years in prison for an alien who knowingly fails to disclose a pregnancy or misrepresents material facts to seek U.S. admission for the primary purpose of giving birth to a child without a U.S. national parent. It imposes the same prison term, or fines, on individuals or entities that organize, advertise, promote, finance, or facilitate commercial birth tourism enterprises, and subjects spouses, partners, or immediate family members who assist to visa revocation or removal. The section authorizes district courts to issue judicial removal orders at sentencing and excludes from the definition visits for medical treatment deemed necessary by the Secretary of Health and Human Services.