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The State Department on Thursday gave visa officers more power to block
pregnant women abroad from visiting the United States and directed them
to stop “birth tourism” — trips designed to obtain citizenship for their
children.
The administration is using the new rule, which takes
effect on Friday, to push consular officers abroad to reject women they
believe are entering the United States specifically to gain citizenship
for their child by giving birth. The visas covered by the new rule are
issued to those seeking to visit for pleasure, medical treatment or to
see friends and family.
Conservatives have long railed against
what they call “anchor babies,” born on American soil and used by their
parents to bring in other family members. President Trump has also
criticized the constitutional provision that grants citizenship to most
babies born on American soil.
It is not clear whether such “birth
tourism” is a significant phenomenon or that “anchor babies” do lead to
substantial immigration, but many conservatives believe both issues are
real and serious. The Trump administration has repeatedly moved to
allay conservative immigration concerns, which President Trump has often
stoked.
“Birth tourism poses risks to national security,” Carl
C. Risch, assistant secretary for consular affairs at the State
Department, wrote in the final rule. “The birth tourism industry is also
rife with criminal activity, including international criminal schemes.”
Consular
officers were already unlikely to grant visa to women who they believed
were traveling to the United States solely to give birth. But with the
new rule, the White House seems to be signaling to officers abroad that
those close to delivering a child would be added to a growing list of
immigrants unwelcome in the United States, a list that includes the
poor, most refugees and asylum-seeking migrants.
Stephanie
Grisham, the White House press secretary, said in a statement that the
new rule seeks to stop those who seek “automatic and permanent American
citizenship for their children by giving birth on American soil.”
“It
will also defend American taxpayers from having their hard-earned
dollars siphoned away to finance the direct and downstream costs
associated with birth tourism,” Ms. Grisham said. “The integrity of
American citizenship must be protected.”
The rule raises the
burden of proof for pregnant women applying for tourist visas by
outlining in writing that giving birth in the country “is an
impermissible basis” for visiting the United States. Even if the women
say they are entering the country for medical treatment — a legitimate
factor for visa eligibility — an applicant would need to prove that she
has enough money to pay for such treatment to the satisfaction of the
officer. The woman will also need to prove that the medical care being
sought was not available in her home country.
“If an applicant’s
responses to this line of questions are not credible, that may give
consular officers reason to question whether the applicant qualifies for
a visa,” Mr. Risch said in the rule.
The new policy does not
change guidance granted to airport officers working for the Department
of Homeland Security, meaning visa eligibility changes would occur
outside the United States, not at airport immigration counters.
It
is also not clear how effective the new rule will be. Some visas allow
foreigners to visit the United States multiple times over the course of
as many as 10 years, so an applicant could be granted a visa, get
pregnant years later and still be permitted to visit the country.
“Unless
D.H.S. changes how its officers interpret travel for pleasure to be
consistent with the State Department rule, than people will still come
to the United States to give birth. This won’t stop that happening,”
said Theresa Cardinal Brown, the director of immigration and
cross-border policy at the Bipartisan Policy Center.
But those abroad applying for visas close to the delivery date could be denied, she said.

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This will be the hard time for all pregnant women travelling to U.S at this moment
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