New Measures Targeting Birth Tourism in the U.S.

President Trump has signed an executive order aimed at curbing birth tourism. This practice often gets confused with birthright citizenship, though they are distinct. Under the Fourteenth Amendment, birthright citizenship grants U.S. citizenship to those born on U.S. soil, regardless of the legal status of their parents. The U.S. Supreme Court has upheld this view recently.

Birth tourism involves foreign women, usually from wealthier backgrounds, planning to enter the U.S. legally with the intention of giving birth and securing citizenship for their child. After the birth, these women typically return to their home countries with their U.S. citizen children. This is facilitated by a network of businesses and nonprofits profiting from these actions.

Exposing the Abuse

Trump’s executive order brings attention to this exploitation of the immigration system. Birth tourism operators use misleading advertisements to encourage foreign nationals to have children on American soil. This practice is not new. In 2009, a newsletter highlighted several facilities in Arizona targeting affluent Mexican mothers with birth packages.

The packages once offered prices like $2,300 for a vaginal birth with a two-day stay, and $4,600 for a c-section with a four-day stay, reflective of lower cash prices compared to those with insurance costs.

Tackling Corruption

One goal of the executive order is to address corruption within birth tourism. Operators often fail to deliver on promises concerning citizenship and benefits. According to the O’Neil Institute at Georgetown Law, in 2018, women primarily from China and Russia were paying large sums to give birth in the U.S., ensuring citizenship for their child.

During the Obama administration, Chinese women spent between $30,000 and $100,000 on birth-tourism services. The Center for Immigration Studies notes that expectant mothers have come from various countries, including Taiwan, Korea, Nigeria, Turkey, Russia, and Brazil.

A Step Towards Reform

Estimates in recent studies suggested 33,000 births annually in the U.S. to women on temporary visas, with this figure rising to 70,000 in 2023. While birth tourism may not involve vast numbers, those facilitating it are undermining the system.

Addressing birth tourism could lead to broader immigration reform. Following dissatisfaction with President Biden’s border policies, there is still frustration over misuse of the immigration system. Addressing birth tourism may encourage further discussions on immigration reform, creating legal pathways for foreigners in the U.S.

By tackling these issues, there may be opportunities for broader immigration changes in a way that benefits high and low-skilled workers alike.