As per US Constitution, any individual who is born on US soil automatically becomes a US citizen, regardless of the immigration status of their parents.
The United States will refuse travel visas if the applicant plans to give birth in the country to acquire American citizenship for the child. The campaign against “birth tourism” coincides with the Donald Trump administration’s increased initiatives to limit immigration, whether lawful or unlawful.
With the implementation of new travel restrictions in the USA, it is anticipated that married and pregnant applicants for USA visa applications will be subjected to even tighter examination than what has previously existed. In addition, this past May, the President of the United States signed into effect an executive order to eliminate birth right citizenship from United States law, which provides citizenship to individuals who are born on US territory.
Birth Tourism
According to the United States Constitution, any individual who is born on US soil automatically becomes a US citizen, regardless of the immigration status of their parents.
Almost every child who is born in the United States is granted US citizenship at birth due to the provisions of the Fourteenth Amendment to the US Constitution.
Birth tourism describes the act of non-residents traveling to the US primarily to deliver a baby. These children are disrespectfully referred to as “anchor babies,” implying that their immigrant parents utilize them to establish themselves in the US and ultimately obtain citizenship.
US Rejects ‘Birth Tourism’
On Thursday (December 11), the US Embassy in India cautioned that tourist visas will be denied to individuals whose primary intent is to give birth in the country to secure American citizenship for their offspring
“US consular officers will deny tourist visa applications if they believe the primary purpose of travel is to give birth in the United States to obtain US citizenship for the child. This is not permitted,” the Embassy wrote on X.
Earlier this year, the US Mission to Nigeria made a similar announcement. “Using your visa to travel for the primary purpose of giving birth in the United States so that your child will have US citizenship is not permitted,” it said on X.
How important is BIRTH TOURISM to the US?
Although there is no official information about the number of women travelling to the United States for childbirth from outside the United States, The Center for Immigration Studies (CIS) – an organization that supports stricter immigration policies – released estimates that approximately 36,000 foreign-born women gave birth in the United States and left the country in 2012.
According to a BBC report released in December 2018, there has been an increase in births to foreign residents (i.e., individuals living in the United States on non-immigrant visas) from 7,800 births to 10,000 births between 2007 and 2017 based on information from the US Centers for Disease Control and Prevention.
One estimate from The Center for Immigration Studies has stated that between the second half of 2016 and the beginning of 2017, there were approximately 33,000 births to children born to foreign women who entered on temporary tourist visas. However, the Niskanen Center, another think tank, does not believe this is accurate.
It was stated that if CIS’s suggested approach is implemented, the count of birth tourists during this timeframe will be below 2,000.
Numerous women come from Russia and China to deliver their babies in the US. “Lately, an increasing number of Indian citizens have also taken this [birth tourism] path,” an immigration lawyer informed Economic Times (ET).
Effects of Trump’s Restrictions on Birth Tourism
US President Donald Trump has condemned birthright citizenship since his initial term. In 2020, while Trump was in office, the US Department of State announced a new regulation stating that pregnant women requesting visitor visas might need to demonstrate a particular reason for their trip besides delivering a baby in the United States.
Currently, the Trump administration is once more tightening restrictions on birth tourism. The US government has prohibited the issuance of B-1/B-2 tourist visas to individuals believed to be traveling mainly to give birth.
The US president’s directive to abolish birthright citizenship has not yet taken effect due to a legal challenge.
If the order survives judicial review, the USCIS (US Citizenship and Immigration Services) published an Implementation Plan in July that will serve as a roadmap for how the policy will be applied.
As a result of cracking down on “birth tourism,” there will likely be increased scrutiny for women applying for tourist visas.
Ketan Mukhija, a senior partner at Burgeon Law, informed Business Standard that visibly pregnant women now encounter more challenges.
Consular officials can reject B-1/B-2 visas if they conclude that the main purpose of the applicant is to have a child in the US to obtain citizenship for that child. “This puts a higher pressure on pregnant applicants to demonstrate a clear, valid motive for travel,” Mukhija stated.
According to immigration attorneys, women may run into problems even if they aren’t visibly pregnant at the time of visa submission.
To improve one’s chances of obtaining a US visitor’s visa, the applicant should present ample documentary evidence of their intended travel plans and non-immigrant purposes for visiting the USA.
