New Law Passed to Restrict US Birth Tourism

An article from Aljazeera reported that a new visa law involving birth tourism had been published in the United States of America. It aims to restrict the cases of birth tourism. Birth tourism means that pregnant women who are citizens of a foreign nation are purposely giving birth in the United States to allow their child to become a US citizen.

The New Restrictions to Control US Birth Tourism

The applicants who are pregnant will not be granted a tourist visa if the consular agents discover that the purpose of their travels to the United States is to give birth, said the Federal Register. However, the true intentions of these travelers to the United States are difficult to identify. It will be difficult to determine whether they are really going to the United States for medical reasons or just want to give birth in the US.

Pregnant Women with 'Real' Medical Needs

Pregnant women who are identified with medical needs will receive medical treatment like any other foreign nationals entering the United States. Additionally, they will be required to provide proof that they are capable of paying the bill for medical treatment, including transportation and living costs in the US.

Birth Tourism in the US

It is lawful for pregnant foreigners to travel to the United States to give birth. However, there are some cases where US authorities arrest illegal agency operators who help pregnant foreigners enter the country through illegal means such as visa fraud and tax evasion.

Often, pregnant foreigners are honest about their intentions when they are requesting a visa. They even show a signed document of their doctors and medical centers that support their claim.

According to the new rules, it does not believe that birth tourism is legal. It states that it is illegal for pregnant women with the primary purpose of traveling to the US in order to give their children the opportunity to acquire citizenship in the country.

The country's issue with birthright citizenship had been causing problems to the country's leaders. Birthright citizenship lets anyone who is born in the United States, foreign or not, become a citizen of the country. This law is present in the US Constitution. Scrapping this law in the Constitution will not be an easy task.

Issues with the New Rule on US Birth Tourism

The regulations imposed for granting tourist visas for pregnant foreigners is one way to resolve the issues with the birthright citizenship law. However, one issue with its implementation is the dilemma of how agents will be able to make a reliable judgment if the real intentions of women who will be applying for a visa in the United States.

Furthermore, consular officers are not allowed to ask women during their interviews if they are carrying a child in their womb or if they are intending to get pregnant anytime soon. This makes it hard for these officers to determine the true intentions of these women.

According to some critics, the new rule is difficult to enforce and the main target is women.

According to US Representative Alexandria Ocasio-Cortez, the new rule solely pointed out to the most vulnerable part of society. Also, she called the new law on birth tourism as cruel.