Washington, Sep 26 (IANS) A Republican senator has introduced legislation that would bar foreign nationals from using US tourist visas and visa-waiver programmes primarily to give birth in the country and secure American citizenship for their children.
The Birth Tourism Elimination Act, introduced by Senator Tim Scott of South Carolina, would also strengthen enforcement against companies and individuals that arrange such travel.
The proposal could affect travellers from India and other countries seeking admission on B-2 tourist visas. It targets the stated purpose of the journey rather than any particular nationality.
The bill would make a foreign national inadmissible if immigration officials determine that the person’s primary purpose for visiting the United States is to give birth and obtain US citizenship for the child.
It would allow consular officers and US Customs and Border Protection officers to deny a visa or admission when they have a reasonable basis to believe that birth tourism is the main purpose of travel.
“American citizenship is not for sale, and foreign nationals have no right to buy citizenship for their children,” Scott said.
“The birth tourism industry has disrespected what it means to be an American by selling and profiting from the freedoms and values that men and women across our country died for,” he added.
Scott said the measure would make clear that temporary travel programmes could not be exploited to obtain American citizenship.
The proposed law would place into federal statute a State Department rule adopted in 2020. That rule allows officials to deny B visas when they believe an applicant’s primary purpose is to give birth in the United States and obtain citizenship for the child.
The bill would extend restrictions to the Visa Waiver Program and the separate waiver programme covering Guam and the Northern Mariana Islands. It would also require travellers suspected of birth tourism to undergo secondary inspection at US ports of entry.
It provides for expedited removal when a traveller is found inadmissible on birth-tourism grounds. Officials could return that person to the country from which they travelled unless the traveller voluntarily withdraws the application for admission.
The measure would not prohibit legitimate travel for childbirth-related medical treatment when obtaining citizenship is not the primary purpose. It also includes an exception when the unborn child’s biological parent is a US citizen, lawful permanent resident, refugee or asylee.
Women lawfully in the United States for work, education or another legitimate purpose would not be covered merely because they become pregnant or give birth during their stay.
For medical visas, applicants would have to show that a US doctor or facility had agreed to provide treatment. They would also need to estimate the duration and cost of the visit and demonstrate an ability and intention to pay medical, travel and living expenses.
The proposal would increase criminal penalties for people or entities that knowingly organise, advertise, facilitate or profit from birth tourism.
Scott’s office cited federal prosecutions involving commercial operations serving Chinese nationals. One California company allegedly assisted more than 500 customers, operated 20 apartments and charged between $40,000 and $80,000 per client. It received $3 million in wire transfers from China over two years.
The bill would also require the departments of Homeland Security and State to submit regular reports to Congress. The reports would cover visa refusals, entry denials, investigations, prosecutions and removals connected with birth tourism.
–IANS
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