Proposal would restrict entry for birth tourism and related travel

The proposal would make some visitors inadmissible and let officers deny admission when they reasonably believe childbirth to gain citizenship for a child is the main travel purpose. It applies to nonimmigrant visitors seeking admission mainly to obtain U.S. citizenship for a child by giving birth in the United States. The rule would not make inadmissible someone seeking legitimate childbirth-related medical care when citizenship is not the main purpose, or someone carrying a child biologically related to a U.S. citizen, lawful permanent resident, or refugee or asylee granted permanent resident status.

The proposal would restrict certain visitor visas, travel waivers, and humanitarian parole for birth tourism. The provisions cover B visitor visas, specified visa waiver programs for Guam and the Northern Mariana Islands and the broader Visa Waiver Program, and humanitarian parole. Medical-treatment visa applicants would have to show a legitimate reason, an agreed provider, estimated visit length and costs, and lawful means and intent to pay. Applicants believed likely to give birth would be presumed to have the citizenship purpose, but could rebut that presumption by showing another legitimate main purpose. The parole restriction would not apply to someone returning with advance parole based on a pending application to adjust status.

The proposal would send suspected travelers for extra inspection and allow expedited removal for those inadmissible under its birth-tourism rule. The rules cover arriving travelers officers have reason to believe may be inadmissible under the birth-tourism provision. A traveler could be removed to the country they traveled from unless they withdraw their application and return to their citizenship country or last habitual residence. This removal rule would not apply to a woman whose U.S. birth was incidental to her lawful admission.

The proposal would make knowingly helping or profiting from birth tourism a crime and require federal officials to report related enforcement activity. The reporting duty would fall on the Homeland Security Secretary, consulting the State Secretary, who would report to the listed House and Senate committees. The criminal-penalty passage ends before stating the complete penalty, so its amount and term cannot be determined from the text provided. The Secretary of Homeland Security would submit reports every six months, covering activity from the previous month.