A new Senate bill would create a legal presumption that some pregnant applicants for U.S. visitor visas are traveling to the country to obtain American citizenship for their children, under the Republican effort to crack down on "birth tourism." The Birth Tourism Elimination Act, introduced by Republican Senator Tim Scott of South Carolina, would amend federal immigration law to make foreign nationals seeking admission on B visitor visas inadmissible when their primary purpose is giving birth in the United States so their child obtains U.S. citizenship. Birth tourism refers to the practice of foreign nationals traveling temporarily to the United States primarily to give birth there, with the intention of securing U.S. citizenship for their child before returning to their home country. The measure comes amid a push within the GOP to restrict birth tourism and narrow birthright citizenship, which generally grants citizenship to people born on U.S. soil regardless of their parents' immigration status.
The effort has continued after the Supreme Court on June 30 struck down Trump's attempt to restrict birthright citizenship. House Republicans have proposed ending automatic citizenship for many future births in U.S. territories. DHS has separately moved to expand the categories of foreign government employees whose U.S.-born children would not receive citizenship, and Secretary of State Marco Rubio has announced new visa restrictions targeting people who operate or facilitate commercial birth-tourism networks.
One of the bill’s most significant provisions concerns how consular officers would assess visa applications from pregnant women. Under the proposal, an applicant for a B nonimmigrant visa whom a consular officer has reason to believe would give birth during her stay in the United States would be presumed to be traveling primarily to obtain U.S. citizenship for the child. The applicant could rebut that presumption by satisfying the consular officer that she has a legitimate primary reason for giving birth in the United States other than obtaining citizenship.
The legislation would also establish requirements for applicants seeking B visas for medical treatment. They would have to satisfy a consular officer that there is a legitimate reason for the treatment, that a U.S. medical provider has agreed to provide it, that the expected duration and costs have been estimated, and that the applicant has the means from lawful sources and intends to pay the medical and related expenses. "American citizenship is not for sale, and foreign nationals have no right to buy citizenship for their children," Senator Scott said in a press release.
Scott added that his legislation "makes it clear that our temporary travel programs cannot be exploited for the purpose of obtaining American citizenship." Scott's proposal would not eliminate birthright citizenship or change the citizenship status of children born in the United States. His office says the legislation instead targets the immigration process before a foreign traveler enters the country, as well as businesses and individuals that facilitate birth tourism. The bill extends beyond the initial visa application.
A consular officer or a U.S. Customs and Border Protection officer could deny admission when the officer has a "reasonable belief" that the traveler’s primary purpose is obtaining citizenship for a child by giving birth in the United States. Immigration officers who have reason to believe an arriving foreign national falls under the proposed birth-tourism inadmissibility provision would be required to refer that person for secondary inspection.
Extract — continue reading at the source.
