The South Carolina Republican’s Birth Tourism Elimination Act would bar foreign nationals from using temporary travel programs to give birth in the U.S. for citizenship purposes and target companies that facilitate the practice.
WASHINGTON — U.S. Sen. Tim Scott, R-S.C., introduced legislation Thursday aimed at the commercial birth tourism industry, according to Scott’s office.
The Birth Tourism Elimination Act would bar foreign nationals from using certain temporary travel programs for the primary purpose of giving birth in the United States to secure citizenship for their children. The bill would also increase enforcement against businesses that facilitate the practice, according to the release.
Federal prosecutors have identified organized birth tourism operations serving Chinese nationals, according to Scott’s office. One company, You Win USA Vacation Services Corp., advertised assistance to more than 500 Chinese birth tourism customers, used 20 apartments in California, and charged clients between $40,000 and $80,000, the release said. The company received $3 million in international wire transfers from China over two years, according to the release.
“American citizenship is not for sale, and foreign nationals have no right to buy citizenship for their children,” Scott said. “The birth tourism industry has disrespected what it means to be an American by selling and profiting from the freedoms and values that men and women across our country died for. We are blessed to live in the greatest nation on God’s green Earth, and my bill makes it clear that our temporary travel programs cannot be exploited for the purpose of obtaining American citizenship.”
The bill follows the Supreme Court’s ruling in Trump v. Barbara, which held that children born in the U.S. to parents who are unlawfully or temporarily present are citizens at birth under the 14th Amendment, according to the release. Rather than altering birthright citizenship eligibility, the legislation targets the practice before individuals enter the country and strengthens enforcement against commercial operations, the release said.
The measure would codify a 2020 State Department restriction on using B visas primarily for birth tourism and expand enforcement to other temporary entry programs, including the Visa Waiver Program, according to Scott’s office. The restriction would not apply to every visa category, exempting women whose pregnancy or childbirth is incidental to legitimate presence in the U.S. for employment, education or other purposes, the release said.
A 2022 Senate Homeland Security Committee report examined companies catering primarily to Chinese and Russian clients, detailing packages that included housing, transportation, medical arrangements and help navigating the immigration process, according to Scott’s office.
Based on a release from U.S. Sen. Tim Scott.
Source: U.S. Sen. Tim Scott original release.
