JAPA: US announces new visa restrictions targeting birth tourism, lists those affected

The United States (US) has announced new visa restrictions targeting people who engage in or facilitate commercial birth tourism, as the administration moves to curb what it describes as exploitation of the country’s immigration system.

US Secretary of State Marco Rubio announced the policy on Wednesday, September 23, under Section 212(a)(3)(C) of the Immigration and Nationality Act.

The restrictions apply to people who knowingly engage in, have previously engaged in or facilitate birth tourism to the US.

According to Rubio, those affected include:

  1. Birth tourism network operators – Owners, operators and managers of commercial networks that arrange such trips.
  2. Visa “fixers” – Individuals who coach applicants to commit fraud or misrepresent the purpose of their travel.
  3. Foreign medical providers – Healthcare providers who knowingly facilitate birth tourism or the fraudulent use of Medicaid.
  4. Other facilitators – People who support, assist or enable commercial birth tourism.

“By restricting visa issuance of those who both engage in and profit from this fraud, we are sending a clear message: The United States will not allow foreigners to exploit our immigration system and violate the sanctity of US citizenship,” Rubio stated.

Birth tourism involves travelling to the US primarily to give birth so that a child can obtain American citizenship. The US State Department says birth tourism is not a permissible basis for obtaining a visitor visa.

The latest policy builds on the Trump administration’s broader efforts to restrict birth tourism. Certain family members of people covered by the new restrictions may also be affected.

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