Birth Tourism: Facts and Recommendations

US Department of State issues new rule

Birth Tourism: Facts and Recommendations By CIS on January 23, 2020 The State Department has announced new rules to address birth tourism, which is the controversial practice of entering the United States to give birth so that the child will acquire U.S. citizenship. The prevailing interpretation of the 14th Amendment to the U.S. Constitution granting nearly all those born here U.S. citizenship (and the ability to pass it on to their children and to sponsor relatives for green cards) has become a magnet and spawned a lucrative birth tourism industry, attracting families from all over the world. This industry has grown largely without debate in Congress or the consent of the public. Facts on birth tourism: CIS estimates that birth tourism results in 33,000 births to women on tourist visas annually. We estimate that hundreds of thousands more are born to mothers who are illegal aliens or present on temporary visas. These births produce instant citizenship for the infant, which can lead, 21 years later, to the migration of the parents, with neither event being controlled by the numerical limits that manage most international migration. Some travelers misrepresent the purpose of their trip to avoid scrutiny. Passport and visa fraud are felonies and the first offense can result in a fine and/or imprisonment up to 10 years. See "False Statement in Application and Use of Passport" (18 U.S.C. § 1542), a number of other statutes may also be applicable. Tourists who come to the United States to give birth and receive taxpayer-funded public assistance to cover the associated costs of their births or have the expenses waived by a hospital do not have to pay back any of the funds in order to get a future tourist visa. Of advanced economies, Canada and the United States are the only countries that grant automatic citizenship to children born to non-citizens who are not legally resident aliens. A U.S. passport is an extremely useful and coveted document for terrorists, spies, and criminals, giving them ready access to virtually any country on earth where they may elect to set up operations. Such groups have recruited U.S. passport holders raised abroad. Birth tourism to the United States is practiced by people from around the globe, especially including citizens of China, Taiwan, Korea, Nigeria, Turkey, Russia, Brazil, and Mexico. Chinese citizens do not require a visa to visit certain U.S. territories, such as the Commonwealth of the Northern Marianas Islands. The birth tourism industry is rampant there, with more annual births to Chinese visitors than native residents. Some legal scholars argue that the 14th Amendment Citizenship Clause was never intended to benefit the children of illegal aliens or legal foreign visitors temporarily present in the United States. The U.S. Supreme Court has held that the U.S.-born children of permanent resident aliens are covered by the Citizenship Clause, but the Court has never decided whether the same rule applies to the children of aliens whose presence in the United States is temporary or illegal. Some eminent scholars and jurists have concluded that it is within the power of Congress to define the scope of the Citizenship Clause through legislation and that birthright citizenship for the children of temporary visitors and illegal aliens could likely be abolished by statute without amending the Constitution. The rules published today by the State Department on the issuance of visas in the "B" nonimmigrant classification for temporary visitors for pleasure are an appropriate response to the thousands of births resulting from fraud and the resulting benefits of citizenship that these children and their families receive. The rules state: Travel to the United States with the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States is an impermissible basis for the issuance of a B nonimmigrant visa. Consequently, a consular officer shall deny a B nonimmigrant visa to an alien who he or she has reason to believe intends to travel for this primary purpose. This is a great first step, but more can be done. Recommendations: Passport issuance data must be examined to better document the frequency of birth tourism, the citizenship of those who do it, and other trends and characteristics of participants. Hospitals where this is occurring should be identified, and a means to prevent parents from skipping out on payment for birth services must be found. The State Department should revoke or decline to renew visas of those who have abused visa rules in connection with birth tourism, and it must be made clear that perpetrators will be fined and/or jailed under 18 U.S.C. § 1001 and other statutes. A legal case needs to be instigated that will proceed through the courts and clarify the meaning of the 14th Amendment in a modern context. The Supreme Court has never ruled on the question of whether children born to tourists are to be considered U.S. citizens at birth. Related Articles:   Video: Mark Krikorian Discusses Birth Tourism There May Be 33,000 Birth Tourists Annually DHS Files many Indictments in an Attack on Birth Tourism Birthright Citizenship Overview Birth Tourism, Belts, and Braces Birth Tourists Come from Around the Globe Visit Website

Video: How Trump's Policies Ended the Mass Migration Crisis on Mexico's Southern Border — For Now

CIS Reports From Guatemala-Mexico Border 

CIS Reports From Guatemala-Mexico Border Video Report: How Trump's Policies Ended the Mass Migration Crisis on Mexico's Southern Border — For Now Washington, D.C. (January 20, 2020) -  President Trump, not the divided U.S. Congress, can be credited with ending the mass illegal migration crisis at the border.  Absent permanent legislative prescriptions by that Congress, Trump's success is tenuous and impermanent because, as this video report from Mexico's southern border shows, it depends almost entirely on political winds in other countries, especially Mexico, and on the whims of their leaders. Understanding how and why the wave broke is essential to future responses to similar unwanted population transfers over the U.S.-Mexico and Mexico-Guatemala borders, especially as new Central American migrant caravans form and set out to test the new defenses. CIS Senior National Security Fellow Todd Bensman commented, "Few in the United States are giving the administration credit, but a great many migrants trapped along the Mexico-Guatemala blame President Donald Trump for their inability to reach the U.S. border. Many are deciding to stay in Mexico for the next 10 months in a gambit that Trump will lose the election and Democrats will clear the path of his obstructions." He continued,  "They discovered what I did on this trip: under the Trump administration, the route to America is no longer wide-open." Bensman recently returned from Mexico's southern border with Guatemala, spending almost two weeks in Tapachula, Chiapas, and Guatemala's northern highlands, where he interviewed migrants, government officials, and military personnel.   A collection of Bensman's reports: https://cis.org/Immigration-Topic/Guatemala-Mexico-Border-Report Video Report:https://cis.org/Bensman/Video-Report-How-Trumps-Policies-Ended-Mass-Migration-Crisis-Mexicos-Southern-Border-Now Related Articles: #1 #2 #3 Visit Website

VIDEO Immigration Brief: The Numbers Matter

Immigration policy and the impact

Immigration Brief: The Numbers Matter A record 45.8 million foreign-born people reside in the United States. Immigrants, legal and illegal, arrive in the United States at an estimated rate of 1.5 million annually, with a resulting cultural, social, economic, and fiscal impact on the country  in areas such as schools, infrastructure, and healthcare. Dr. Steven Camarota emphasizes the impact on the 25-30 metro areas which will be receiving most of the 75 million immigrants who will be arriving by 2060 absent change in immigration policy. Dr. Steven Camarota, Director of Research, discusses immigration numbers and the implications for American society. Related Articles: Projecting the Impact of Immigration on the U.S. Population On Immigration, Trump Needs to Focus on the Numbers Immigration Brief: How Many Immigrants are in the United States? Immigration Brief: The Immigrant Population Immigration Brief: Chain Migration   Visit Website

New from the Center for Immigration Studies, 1/14/20

Featured Posts In Case you Missed It, CBP Confirmed 'Extra-Continental' Migration as a 2020 Priority By Todd Bensman This new year, one of the most consequential trends to follow on the border security front is this: a surge of "extra-continental" migrants from countries far beyond Mexico and Central America, and how the nation will head it off. The question American homeland security is duty-bound to answer is whether any of them are war criminals, murderers, terrorists, or agents of espionage. Detention Facility Company Sues California Over AB-32 By Andrew R. Arthur On December 30, 2019, private detention facility provider The GEO Group, Inc. filed a complaint in the U.S. District Court for the Southern District of California against California Governor Gavin Newsom and state Attorney General Xavier Becerra. Seeking an injunction of the state's enforcement of California Assembly Bill 32. The bill appears to be primarily focused on immigration detention. 300,000 Alien Workers Paid an 8 Percent Bonus Because They Are Not Americans By David North Though the press seems to keep it a secret, and the government permits it to continue, there are 300,000 or so alien workers in the United States who are given an 8 percent-plus bonus each year simply because they are neither U.S. citizens nor green cardholders! Mexico Confirms: New Migrant Caravan Bound for U.S. By Jason Peña Mexico's Interior Secretary, Olga Sanchez Cordero, confirmed the formation of a United States-bound migrant caravan commencing in Honduras. The caravan is slated to leave the Honduran city of San Pedro Sula by mid-January. The government of Mexico is preparing for the arrival of the Central American caravan.  More Blog Posts Interesting Immigration Court and BIA Statistics DHS Belatedly Initiates Analysis of State Laws Granting Driver's Licenses and ID's to Ilegal Aliens Nicaraguans Migrants Travel to Panama After Northern Neighbors Tighten Borders Clinton Failed to Decertify the Immigration Judges' Union - Will Trump Succeed? Migrants Sent Back at Nogales, Ariz. DoL's Debarments Lists of Bad H-2A and H-2B Employers Get Longer Some Additional Thoughts about Those Iranian Students in the U.S. The Myth of Moderate Joe Biden Oklahoma Still Shows the Way on Collecting Taxes from Illegal Aliens  Will Iran's Response to Solemani's Killing Implicate U.S. Foreign Student Policies? Joe Biden's Immigration Plan Visit Website

Canada Immigration - CICNews

First Express Entry draw of 2020 issues 3,400 invitations to apply for permanent residence

Volume 23, No. 1.1, Jan. 8, 2020 Over 1 million subscribers

First Express Entry draw of 2020 issues 3,400 invitations to apply for permanent residence Canada's first Express Entry draw of 2020 issued 3,400 invitations to apply for Canadian permanent residence. The minimum Comprehensive Ranking System (CRS) score required to receive an invitation in the January 8 draw was 473... Read Full Article A look ahead: Forecasting Canada's immigration outlook and disruptors between 2020-2029 Major changes to Canadian immigration policy are expected in the coming decade as Canada's need for immigrants grows... Read Full Article Manitoba invites 186 candidates in first Expression of Interest draw of 2020 International student graduates and skilled workers in Manitoba and abroad were invited in the province's latest Expression of Interest draw on January 2... Read Full Article Launch of Rural and Northern Immigration Pilot delayed in several communities It could be at least another month before the five communities in question begin accepting applications under the pilot... Read Full Article PEI needs to attract more francophone immigrants to meet growing labour needs An economic development group in Prince Edward Island is hoping to attract more francophone immigrant entrepreneurs and skilled workers to the province... Read Full Article Canada has updated the settlement funds requirement for two Express Entry programs The federal government has increased the amount of funds that certain skilled workers need in order to immigrate to Canada... Read Full Article CanadaVisa Solutions Free Assessment Find out if you're eligible for Canadian immigration now. Find Out Now Discussion Forum Join the biggest online community for Canadian immigration. Join The Forum Question? Get answers to your specific Canadian immigration questions. Ask A Question CanadaVisa Tools & Resources Canada Job Search Tool IELTS Practice Tests Citizenship Calculator Canada Immigration FAQ Resume Guide Saskatchewan EOI Calculator Quebec Skilled Worker Calculator CanadaVisa PNP Finder CanadaVisa Study Hub CLB Language Converter CRS Calculator Visiting Canada Tool School Search Processing Times Tool

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