The US Department of Justice has launched an aggressive crackdown on birth tourism, and the timing is deliberate. The move comes directly in response to the Supreme Court’s rejection of President Trump’s executive order that sought to deny automatic citizenship to children born in the US to non-citizen parents.
With birthright citizenship now firmly upheld by the nation’s highest court, US authorities are shifting their focus to what they can control, prosecuting foreigners who travel to the US specifically to give birth and secure citizenship for their children.
What Has the DOJ Directed?
The US Department of Justice has issued a memorandum ordering all DOJ employees to aggressively pursue charges and crack down on the growing threat of birth tourism. Colin McDonald, a senior Justice Department official, cautioned in the memo that foreigners entering the US under pretenses to give birth or secure citizenship for their children may face criminal charges for visa fraud, money laundering, identity theft, and wire fraud.
The US criminal laws already prohibit activities associated with birth tourism schemes, including fraudulent visa applications. The Department of Justice will investigate and hold accountable individuals involved in these unlawful practices, as well as those who solicit or sell such services.
McDonald has directed all United States Attorneys and the Criminal Division to work with the Department of Homeland Security to prioritise the investigation and prosecution of birth tourism schemes.
How Big Is the Birth Tourism Industry?
Of over 3.5 million total US births each year, up to 26,000 may be linked to birth tourism annually, according to a Migration Policy Institute report. A report by The Heritage Foundation titled “The New Face of Birth Tourism” highlights that foreign women enter the US to give birth and secure citizenship for their children and that permissive US surrogacy laws provide yet another avenue for foreign nationals to utilise American women as surrogates.
The BACK OFF Act
Legislative action is also underway. In April, US Senator John Cornyn announced the introduction of the Barring American Citizenship by Keeping Out Foreign Fraudsters (BACK OFF) Act.
The BACK OFF Act aims to end birth tourism by rendering foreigners engaged in this practice inadmissible to and deportable from the United States. It also mandates the Department of Homeland Security to detain individuals who commit crimes associated with birth tourism.
One key proposal under the Act is to require foreigners to return to their home countries during legal proceedings, thereby preventing them from giving birth in the US and obtaining citizenship for their children.
The Act also plans to impose penalties on foreign nations that do not cooperate in the removal of their nationals involved in birth tourism by automatically suspending visa issuance to those countries’ nationals.
To further enhance compliance, the Act mandates that females of childbearing age undergo a medical examination by a Public Health Service officer if suspected of being involved in birth tourism. Consular officers may also deny or delay non-immigrant visa issuance if a foreigner is suspected of being pregnant or participating in birth tourism.
Disclaimer: This article is for informational purposes only and does not constitute legal or immigration advice. Immigration laws and enforcement priorities are subject to change. Please consult a qualified immigration attorney before making any immigration-related decisions.