By Lucretia Hughes Klucken
WASHINGTON — Secretary of State Marco Rubio announced new visa restrictions targeting foreign nationals accused of operating, assisting or profiting from commercial “birth tourism” networks that arrange travel to the United States for women seeking to give birth on American soil so their children obtain U.S. citizenship.
The policy, announced Wednesday, Sept. 23, expands the federal government’s focus beyond travelers themselves to people and organizations accused of facilitating the practice. It applies to individuals who knowingly engage in, previously engaged in or facilitate birth tourism to the United States. PublicNow
The State Department says the restrictions can reach owners, operators and managers of commercial birth-tourism businesses; so-called visa “fixers” who coach applicants to commit fraud; foreign medical providers who knowingly facilitate the travel or fraudulent use of Medicaid; and others who support or enable such operations. Certain family members may also be subject to the restrictions. PublicNow
The policy is being implemented under Section 212(a)(3)(C) of the Immigration and Nationality Act, according to the State Department. PublicNow
“Foreign commercial birth tourism networks have exploited the U.S. immigration system to sell U.S. citizenship for profit,” Rubio said in announcing the policy. PublicNow
The State Department alleges commercial birth-tourism operations advertise their services abroad, coach foreign nationals to provide false information during the visa process and charge customers tens of thousands of dollars to arrange for children to be born in the United States.
Rubio said the administration intends to target not only people who participate in the practice but also those who profit from facilitating it.
“By restricting visa issuance of those who both engage in and profit from this fraud, we are sending a clear message,” Rubio said. PublicNow
What is birth tourism?
Birth tourism generally refers to a foreign national traveling to another country specifically to give birth so the child receives citizenship associated with the place of birth.
The State Department currently states that traveling to the United States for the primary purpose of giving birth in order to obtain U.S. citizenship for the child is not a permissible purpose for obtaining a visitor visa. Travel.state.gov
That restriction is not new.
In January 2020, the State Department amended its regulations governing B nonimmigrant visas to address birth tourism. Under that rule, consular officers could deny a visitor visa when they had reason to believe the applicant’s primary purpose for traveling was to give birth in the United States to obtain citizenship for the child. U.S. Department of State
The new Rubio policy goes further by explicitly targeting foreign individuals accused of building or supporting the commercial infrastructure surrounding the practice.
That distinction matters.
A foreign woman legitimately traveling to the United States for medical treatment is not automatically engaged in birth tourism. Visitor-visa applicants seeking medical care can be asked to establish the purpose of their trip and demonstrate their ability to pay the associated expenses. The prohibited activity identified by the State Department is traveling primarily to give birth in the United States to obtain citizenship for the child. Travel.state.gov
‘Fixers,’ businesses and medical providers targeted
The commercial networks described by the State Department can involve considerably more than purchasing an airline ticket and reserving a hospital room.
According to Rubio’s announcement, the government is specifically targeting foreign facilitators who allegedly help applicants misrepresent their intentions to U.S. consular officials.
The policy also reaches foreign medical providers when the government determines they knowingly assisted such travel or facilitated fraudulent use of Medicaid. PublicNow
Immigration attorneys analyzing the announcement note that important implementation questions remain unanswered. The State Department announcement does not spell out detailed evidentiary standards for identifying covered individuals, precisely how certain family members will be treated or what procedures will apply in individual cases. Murthy Law Firm | U.S Immigration Law
That means the announcement establishes the government’s policy but does not yet provide answers to every question about how it will operate in practice.
Citizenship debate remains larger than visa policy
The announcement comes amid a broader national debate over birthright citizenship, but the two issues should not be confused.
Rubio’s action concerns visa eligibility for foreign nationals accused of participating in or facilitating birth tourism. It does not itself rewrite the constitutional rules governing citizenship for children born in the United States.
The State Department framed the new restrictions as an immigration-enforcement, anti-fraud and taxpayer-protection measure.
“The Trump Administration is using every tool at our disposal to defend the integrity of U.S. citizenship, protect American public benefits and U.S. taxpayers from exploitation, and safeguard our national security,” Rubio said. PublicNow
For foreign companies that have turned giving birth in America into a commercial service, however, the consequences could now extend directly to the people running those businesses.
Instead of focusing solely on the expectant mother seeking entry into the United States, the State Department is putting the overseas network behind the transaction on notice as well: Those who knowingly arrange, facilitate or profit from commercial birth tourism can now find their own ability to obtain a U.S. visa restricted.
Original article
Comments