H.R. 9876: Birthright Abuse and Nationality Act

This bill would create new immigration rules aimed at stopping what it defines as “birth tourism,” meaning traveling to the United States mainly to give birth so the child can get U.S. citizenship.

What the bill changes

• It adds a formal definition of “birth tourism” to immigration law.
• It says birth tourism means a non-U.S. citizen visiting the United States primarily to give birth to a child when neither parent is a U.S. national.
• It excludes visits for medically necessary treatment, if the Secretary of Health and Human Services determines the treatment is necessary on a case-by-case basis.

Immigration consequences

• People who seek entry to the United States for birth tourism would be considered inadmissible, meaning they could be denied admission.
• Spouses, partners, or immediate family members who knowingly help with or participate in birth tourism would also be inadmissible.
• Immigration officers would be allowed to consider signs such as being in the third trimester, having an expected delivery date during the stay, or applying for temporary entry while pregnant.

Criminal penalties

• The bill creates a new crime for people who knowingly hide a pregnancy or misstate material facts in order to enter the United States for birth tourism.
• That offense could carry up to 10 years in prison.
• People or businesses that organize, advertise, finance, manage, or otherwise help run birth tourism operations could also face fines, imprisonment for up to 10 years, or both.
• Family members who help conceal or carry out the fraud could face visa revocation and expedited removal or removal from the country.
• For non-citizens convicted under this section, a federal court could order removal at sentencing.

Overall effect

In practical terms, the bill would make it harder for pregnant non-citizens to enter the United States if officials believe the main purpose of the trip is to give birth there. It would also punish people and businesses that help arrange or conceal such trips.

Relevant Companies

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