White House Considers Ban on Pregnant Foreigners Entering U.S.

After the Supreme Court decision confirming automatic birthright citizenship, the Trump administration is preparing other ways to restrict the practice.

Among the measures under discussion are a full ban on pregnant foreign nationals entering the United States, criminal prosecution of organizers of “birth tourism” schemes, and prosecution of the women giving birth themselves under fraud statutes.

“Moving forward, the administration will continue to fight the pull factors of illegal immigration and foreigners with fraudulent intent to enter the United States solely to give birth to children here,” one administration official said.

According to Politico, shortly after the Supreme Court decision, the U.S. Justice Department issued a memorandum urging federal prosecutors to work with the Department of Homeland Security and “prioritize the investigation and prosecution of birth tourism schemes.”

The document says that “thousands of foreigners” come to the United States each year under “false pretenses” in order to give birth there and secure U.S. citizenship for their child. According to a review of census statistics, up to 26,000 children born in the United States each year may be linked to women who come to the country specifically to give birth.

The memorandum also notes that most such cases can be prosecuted under visa-fraud statutes. At the same time, prosecutors are advised to consider other federal provisions, including wire fraud, money laundering, unlawful use of identification documents, identity theft and conspiracy to commit health-care fraud.

In addition, the U.S. administration is advancing the position that the Supreme Court decision does not prohibit restricting pregnant women from entering the country.

“Under current law, pregnant women can be denied entry, and the president can do this under Section 212(f), that is, under existing law,” said Ken Cuccinelli, who served as acting deputy secretary of homeland security during Trump’s first term.

“The State Department can deny visas, and CBP can deny such individuals entry if the president decides to do so,” he added.

At present, pregnant women are not barred from traveling to the United States. However, consular officers may deny a visitor visa, and Customs and Border Protection officers may deny entry, if they determine that the main purpose of the trip is to give birth on U.S. territory, said Jessica Vaughan, director of policy studies at the Center for Immigration Studies.

According to her, the administration could introduce additional restrictions on temporary visas and require applicants to disclose whether they are pregnant or plan to give birth in the United States.

Vaughan also believes the government could end visa-free entry to some U.S. territories, including the Commonwealth of the Northern Mariana Islands.