Immigration: Trump Administration Imposes Visa Restrictions to Block “Birth Tourism”
February 17, 2020
On January 24, 2020, the U.S. Department of State published a final regulation aiming to curtain the so-called practice of “birth tourism,” whereby a pregnant woman enters the U.S. to give birth to a child in order for her child to receive U.S. citizenship. Persons born in the U.S. are automatic recipients of citizenship under the U.S. Constitution. In its notice, the Trump Administration asserts that “birth tourism” presents law enforcement and national security challenges and should be curtailed. Accordingly, the notice amends the regulations for issuance of nonimmigrant “B” visas to state that traveling for the purpose of giving birth to a child in the U.S. is not a form of “pleasure” for which the visa can be granted, that B visa applicants traveling for specialized medical treatment must demonstrate an ability to pay for their treatment, and that consular officers may presume that pregnant B visa applicants intend to travel for birth tourism unless shown otherwise.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665).
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