President Trump has issued an executive order aimed at curbing the practice of birth tourism. This move should not be confused with birthright citizenship, although Trump often criticizes both. Under the Fourteenth Amendment, birthright citizenship grants U.S. citizenship to those born on American soil, with minor exceptions, regardless of parental legal status. The U.S. Supreme Court recently upheld this understanding.
Birth tourism involves a deliberate attempt by foreign women, often from upper-middle to upper-income backgrounds, to use legal entry into the U.S. with the intention of giving birth, thereby securing citizenship for their child. Typically, these women return to their home countries with their new U.S. citizen children. An industry has developed around assisting these women, involving companies, nonprofits, and legal advisors.
Exposing Birth Tourism
Trump’s executive order takes a stand against this abuse. The order highlights how operators use misleading advertisements to entice foreign nationals to travel to the U.S. to give birth. The phenomenon is not new. In 2009, a healthcare newsletter revealed the existence of facilities in Arizona catering to affluent Mexican mothers. These centers offered ‘birth packages’ with advanced technology and comfortable settings, marketing the chance to secure American citizenship for their babies. Back then, a package cost $2,300 for a vaginal birth and $4,600 for a c-section. Despite seeming low, these prices were reflective of cash payments for healthcare services.
Tackling Corruption
The executive order seeks to tackle the corruption linked with birth tourism. Operators falsely promise citizenship and public benefits along with stays in specialized facilities. A report from Georgetown Law’s O’Neil Institute in 2018 detailed how women, primarily from China and Russia, were spending tens of thousands of dollars to temporarily move to the U.S. for childbirth. The Guardian highlighted how during the Obama administration, Chinese women paid between $30,000 and $100,000 for birth-tourism packages. A documentary by Leslie Tai, “How to Have an American Baby,” explored the issue further. The Center for Immigration Studies pointed out that expectant mothers also traveled from Taiwan, Korea, Nigeria, Turkey, Russia, and Brazil.
In 2020, reports estimated 33,000 births annually to women on temporary visas in the U.S. A recent estimate suggests that figure has risen to 70,000 in 2023. Critics argue that birth tourism isn’t widespread, but those facilitating it compromise the integrity of the system. Interestingly, progressive voices often downplay these concerns, despite their usual criticism of the affluent evading laws.
A Step Towards Immigration Reform
Addressing birth tourism could prompt broader immigration reform. In 2024, voters partly turned against Democrats due to dissatisfaction with President Biden’s border policy. The continuation of foreign abuse through birth tourism fuels this sentiment. Opponents of immigration reform, primarily Republicans, argue for border control before any reform. Trump claims to have tackled the border issue, citing an 86 percent drop in illegal crossings. By addressing birth tourism, discussions may begin on creating legal pathways for both high and low-skilled foreign workers.
Merrill Matthews is the Texas state chair of Our Republican Legacy. All rights reserved to Nexstar Media Inc.
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