,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ihgf ,,in ,,the ,,house ,,of ,,representatives ,july #bb1 #bjbf,mr4 ,rose introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to prohibit birth tourism1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,birthright ,abuse and ,nationality ,act or the ,,ban ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,on ,june #cj1 #bjbf1 the ,supreme ,court of the ,united ,states held in ,trump v4 ,barbara that children born in the ,united ,states to parents unlawfully or temporarily present are subject to the jurisdiction of the ,united ,states and are citizens at birth under the ,fourteenth ,amendment's ,citizenship ,clause4 7#b7 ,the majority opinion in ,trump v4 ,barbara1 joined by ,chief ,justice ,roberts and ,justice ,barrett1 adopts an unduly narrow and formalistic interpretation of the ,fourteenth ,amendment that ignores the real-world consequences of birth tourism and reflects a departure from common-sense understandings of jurisdiction1 sovereignty1 and the proper limits of the ,citizenship ,clause4 7#c7 ,justice ,clarence ,thomas authored an outstanding and blistering dissent in ,trump v4 ,barbara1 rigorously dismantling the majority's reasoning and warning that its expansive interpretation of the ,citizenship ,clause dangerously devalues ,american citizenship and invites further abuse of birthright citizenship by those unlawfully or temporarily present in the ,united ,states4 7#d7 ,businesses1 facilitators1 and foreign-based agencies openly advertise and sell packages designed to enable foreign nationals to travel to the ,united ,states for the primary purpose of obtaining ,united ,states citizenship for a child1 thereby treating ,american citizenship as a commercial product4 7#e7 ,american citizenship is a sovereign privilege that should never be bought1 sold1 marketed1 or otherwise commercialized1 and that the continued operation of the birth tourism industry undermines public confidence in the integrity of the ,nation's immigration system4 7#f7 ,the laws of numerous democratic nations1 including the ,united ,kingdom1 ,ireland1 ,australia1 ,new ,zealand1 ,france1 and ,germany1 require a meaningful legal connection between a child and the nation1 such as the citizenship or lawful residence of a parent1 before citizenship is conferred at birth4 7#g7 ,the widespread abandonment of unconditional birthright citizenship by many democratic nations reflects a recognition that citizenship is appropriately tied to enduring allegiance and legal attachment to the sovereign1 rather than the mere geographic location of birth4 7#h7 ,congress retains broad authority under ,article ,i of the ,constitution to regulate immigration1 determine the conditions of admission of aliens1 and establish grounds of inadmissibility under section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb74 7#i7 ,congress has repeatedly amended section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 to create new grounds of inadmissibility when it has determined that certain conduct is contrary to the national interest and the proper administration of the immigration laws4 7#aj7 ,the practice commonly known as birth tourism exploits the benefits associated with ,united ,states citizenship and undermines the integrity of the ,nation's immigration system4 #c4 ,birth tourism defined ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 ,birth tourism ,the term birth tourism-- 7,a7 means the act of an alien visiting the ,united ,states for the primary purpose of giving birth to a child who does not have a parent who is a national of the ,united ,states2 and 7,b7 does not include visiting the ,united ,states for medical treatment that is determined necessary by the ,secretary of ,health and ,human ,services on a case-by-case basis4 4 #d4 ,birth tourism ground of inadmissibility ,section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 is amended by adding at the end the following3 7#bh7 ,birth tourism 7,a7 ,birthing alien ,any alien who seeks admission to the ,united ,states to engage in birth tourism is inadmissible4 7,b7 ,family members ,any alien who is a spouse1 partner1 or other immediate family member of an alien described in subparagraph 7,a7 and knowingly participates in or facilitates birth tourism is inadmissible4 7,c7 ,evidence ,in determining whether an alien is seeking admission to engage in birth tourism under subparagraph 7,a71 an immigration officer shall consider1 among other relevant evidence1 whether the alien-- 7i7 is in the third trimester of pregnancy at the time admission is sought2 7ii7 has an expected delivery date during the anticipated period of stay2 or 7iii7 seeks admission in a temporary nonimmigrant classification while pregnant4 4 #e4 ,criminal offense ,section #aedf of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 7#a7 ,whoever-- 7,a7 being an alien1 knowingly fails to disclose a pregnancy or intentionally misrepresents material facts for the purpose of seeking admission to the ,united ,states by birth tourism shall constitute birth tourism visa fraud punishable by up to #aj years in prison2 7,b7 being the spouse1 partner1 or immediate family member of an alien described in subparagraph 7,a71 knowingly participates in1 facilitates1 or materially assists in the concealment of birth tourism or the commission of fraud described in subsection #c7;a7 shall likewise be subject to visa revocation1 expedited removal or removal2 or 7,c7 being an individual or entity1 knowingly participating in1 organizing1 advertising1 promoting1 financing1 managing1 or otherwise facilitating a commercial enterprise that arranges or assists birth tourism1 shall be fined under title1 imprisoned for not more than #aj years1 or both4 7#b7 ,notwithstanding any other provision of law1 a ,united ,states district court shall have jurisdiction to enter a judicial order of removal at the time of sentencing against any alien who is convicted of an offense under this subsection4 7#c7 ,in this subsection1 the term birth tourism-- 7,a7 means the act of an alien visiting the ,united ,states for the primary purpose of giving birth to a child who does not have a parent who is a national of the ,united ,states2 and 7,b7 does not include visiting the ,united ,states for medical treatment that is determined necessary by the ,secretary of ,health and ,human ,services on a case-by-case basis4 4