Trump administration imposes new rules to stop foreign pregnant women on visitor’s Visas from travel

In an attempt to crack down on “birth tourism,” the State Department has unveiled new rules to prevent foreign women from giving birth in the United States using tourist visas. Normally, foreign pregnant women come into the United States to have their babies and leave afterwards. Also, there have been claims of unpaid medical bills stemming from such births.

On Friday, the rules will become effective and this will affect US visitors on B Visas, coming to the United States to give birth in order to obtain U.S citizenship for the child.

Stephanie Grisham, the White House Press Secretary stated, “The integrity of American citizenship must be protected.” “This move will defend American taxpayers from having to finance the direct and downstream costs associated with birth tourism.” Her statement is in line with the Trump administration’s steps to limit immigration to the United States and to put an end to birth right citizenship.

According to the center for Immigration Studies, an anti-immigration group in favor of lower immigration numbers, there were 33,000 births to women in the US on tourist visas between 2016 and 2017. “An entire ‘birth tourism’ industry has evolved to assist pregnant women from other countries to come to the United States to obtain US citizenship for their children by giving birth in the United States, and thereby entitle their children to the benefits of US citizenship,” according to the State Department rules.

US consular officers in most countries have started implementing these rules. Majority of women who travelled on visitor’s visas in the past to give birth in the United States, are being denied visas when they go for renewal.

The consular officers keep demanding for evidence that medical bills relating to delivery of the babies were paid. Even when such evidence is provided, they are still denied visas. In addition, the department said it will deny visas to those seeking medical treatment if they are unable to establish “to the satisfaction of a consular officer” that there exists a legitimate medical reason for treatment and that a practitioner or facility in the U.S has agreed to provide it. Ultimately, such a visa applicant must also prove that he or she “has the means and intent” to pay for the medical treatment and related expenses.

“This rule will help eliminate the criminal activity associated with the birth tourism industry,” according to the rules. “The recent federal indictments describe birth tourism schemes in which foreign nationals applied for visitor visas to come to the United States and lie to consular officers about the duration of their trips, where they would stay, and their purpose of travel.”

The metrics to be adopted by officials in determining if a pregnant woman’s trip is hinged on giving birth is still unknown. Critics say it will not be a walk in the park.

Nnenna Jones is a foreign trained lawyer and a US Department of Justice Accredited Immigration Practitioner. She is an advocate who aims to increase access to justice for low-income immigrants. She writes articles on immigration and provides resources for advocacy on immigration issues including tips for effective advocacy.