The Birth Tourism Elimination Act would make certain visitors inadmissible if their primary purpose for traveling to the United States is to obtain citizenship for a child by giving birth there. It would presume that a visitor who expects to give birth is traveling for that purpose, but allow her to show another legitimate primary purpose. The bill includes exceptions for certain medical care and pregnancies involving a U.S. citizen, lawful permanent resident, refugee, or asylee parent. It would also limit use of visa waiver programs and humanitarian parole for birth tourism, require secondary inspection in some cases, allow expedited removal, create criminal penalties for people who knowingly facilitate or profit from birth tourism, and require reports on enforcement. The bill was introduced in the Senate and referred to the Judiciary Committee.
A person applying for a visitor visa who expects to give birth in the United States may need to show that citizenship for the child is not the primary reason for travel. Applicants seeking medical treatment would have to provide information about the treatment, its costs, and their ability and intent to pay. The bill also directs officials to refer some arriving travelers for secondary inspection. It provides exceptions for certain people, including those seeking legitimate childbirth-related medical care when citizenship is not the primary purpose.
The bill does not state its implementation costs. Applicants seeking medical treatment would have to show they can pay for treatment and related expenses.
The bill's findings say its measures are intended to protect the integrity of the immigration system and ensure visitor programs are used for their intended purposes.
No publicly available information.