A new Senate bill aims to address concerns over U.S. visitor visas associated with “birth tourism.” This practice involves foreign nationals traveling to the U.S. to give birth, thereby securing American citizenship for their newborns. The bill, known as the Birth Tourism Elimination Act, is spearheaded by Republican Senator Tim Scott from South Carolina. Its primary goal is to amend immigration laws, making foreign nationals with B visitor visas inadmissible if their main purpose is childbirth to obtain U.S. citizenship for their children.
Understanding Birth Tourism
Birth tourism refers to the trend where individuals temporarily visit the U.S. to give birth, ensuring that their children become U.S. citizens. This practice has prompted a Republican-led initiative to curtail both birth tourism and birthright citizenship. Despite the Supreme Court’s decision on June 30 overturning former President Trump’s attempt to limit birthright citizenship, efforts to address these issues persist.
In the House, Republicans have suggested changing automatic citizenship laws for many births in U.S. territories. Meanwhile, the Department of Homeland Security is working to adjust which foreign government employees’ U.S.-born children will have citizenship. Secretary of State Marco Rubio also announced new visa restrictions on those involved in commercial birth-tourism networks.
Bill’s Key Provisions
The legislation mandates significant changes regarding visa applications from pregnant women. Consular officers would be authorized to presume applicants intend to give birth in the U.S. to secure citizenship for their child. Applicants could counter this presumption by proving a primary reason for childbirth in the U.S. other than citizenship.
Applicants seeking B visas for medical treatments must prove the legitimacy of the treatment, have a U.S. provider agree to the care, and demonstrate the ability to cover related expenses. Senator Scott emphasized, “American citizenship is not for sale, and foreign nationals have no right to buy citizenship for their children.” His office notes the bill targets immigration processes before travelers enter the U.S., as well as industries facilitating birth tourism.
Visa and Admission Regulations
The bill allows U.S. officials to deny entry if they reasonably believe that childbirth in the U.S. for citizenship is the applicant’s primary goal. It includes birth-tourism inadmissibility in the Immigration and Nationality Act’s expedited-removal provisions, prohibiting the use of the Visa Waiver Program for birth tourism.
Humanitarian parole restrictions also apply, excluding those primarily entering to give birth for citizenship. Exceptions include legitimate childbirth-related medical treatment or when the child would have a biological connection to a U.S. citizen, or lawful permanent resident.
Penalties for Birth-Tourism Businesses
The legislation seeks to amend federal law, targeting those who support, organize, or profit from birth tourism. One investigated entity, You Win USA Vacation Services Corp., assisted over 500 clients by utilizing 20 apartments in California, charging $40,000 to $80,000. The Department of Homeland Security would provide reports on enforcement and related actions to congressional committees.
Efforts to Counter Birth Tourism
Previously, President Donald Trump issued an Executive Order aimed at combatting birth tourism. The order called for actions like visa revocations and entry denials, providing for exemptions on humanitarian or national-interest bases.
The Migration Policy Institute, referencing data from the Centers for Disease Control and Prevention, noted 9,576 babies were born in 2024 in the U.S. to mothers from foreign addresses, representing 0.26% of that year’s births. The act proposes codification of a 2020 State Department rule limiting B visas when travel aims to obtain citizenship through birth.
As of September 28, the bill was pending review by the Senate Judiciary Committee without cosponsors. A similar bill was introduced in the House in July by Republican Representative Richard McCormick, with additional support from Representatives Ken Calvert and Randy Fine.
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