,,ii #aaith ,,congress #b;d ,session ,s4 #deja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ab1 #bjbf,mr4 ,cornyn introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to bar aliens from admission to the ,united ,states to give birth on ,united ,states soil or remaining in the ,united ,states to undermine the sovereignty of the ,united ,states through birth tourism4 #a4 ,short titles ,this ,act may be cited as the ,barring ,american ,citizenship by ,keeping ,out ,foreign ,fraudsters or the ,,back ,,off ,act4 #b4 ,grounds for inadmissibility to1 and removal from the ,united ,states for engaging in birth tourism 7a7 ,grounds of inadmissibility ,section #bab7;a77#b77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,f77 is amended to read as follows3 7,f7 ,aliens undermining the sovereignty of ,united ,states through birth tourism 7i7 ,in general ,any alien convicted of1 who admits to having committed1 or who admits committing acts which constitute the essential elements of1 an offense described in section #bgd;,e1 #bgd;,f1 or #bge7;e7 or an offense described in section #aedf;,a of title #ah1 ,united ,states ,code1 is inadmissible4 7ii7 ,birth tourism ,an alien is inadmissible if such alien-- 7,i7 7aa7 is not lawfully admitted to the ,united ,states as a permanent resident2 or 7bb7 has not lawfully maintained lawful permanent resident status 7such status not having been abandoned1 rescinded1 or terminated72 and 7,,ii7 based on the reasonable judgment of the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or a consular officer-- 7aa7 is seeking to enter or reenter the ,united ,states to engage in birth tourism and undermine the sovereignty of the ,united ,states or its territories or outlying possessions by giving birth to a child on ,united ,states soil2 or 7bb7 is likely to give birth to a child within #aj months of entry if such alien is admitted to1 or while in the ,united ,states or its territories or outlying possessions and1 as a result1 obtain ,united ,states citizenship for such child based on the child's birth on ,united ,states soil2 or 7,,iii7 as determined by the ,secretary of ,homeland ,security or the ,attorney ,general-- 7aa7 has engaged in birth tourism2 or 7bb7 while physically present in the ,united ,states or its territories or outlying possessions1 is likely to give birth to a child and1 as a result1 obtain ,united ,states citizenship for such child based on the child's birth on ,united ,states soil4 7iii7 ,waiver not authorized ,the grounds of inadmissibility specified in this subparagraph may not be waived4 7iv7 ,ineligibility for parole ,an alien who is inadmissible under this subparagraph is not be eligible for parole into the ,united ,states under section #bab7;d77#e7 or for conditional parole under section #bcf4 4 7b7 ,grounds of deportability ,section #bcg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b77 is amended-- 7#a7 by redesignating subparagraph 7,f7 as subparagraph 7,g72 and 7#b7 by inserting after subparagraph 7,e7 the following3 7,f7 ,aliens undermining the sovereignty of ,united ,states through birth tourism 7i7 ,in general ,an alien is deportable if such alien-- 7,i7 7aa7 is not lawfully admitted to the ,united ,states as a permanent resident2 or 7bb7 has not lawfully maintaining lawful permanent resident status 7such status not having been abandoned1 rescinded1 or terminated72 and 7,,ii7 has been convicted of an offense under section #bgd;,e1 #bgd;,f1 or #bge7;e7 or under section #aedf;,a of title #ah1 ,united ,states ,code2 or 7,,iii7 is described in section #bab7;a77#b77;,f74 7ii7 ,waiver not authorized ,the grounds of deportability specified in clause 7i7 may not be waived4 7iii7 ,ineligibility for parole ,an alien who is deportable under clause 7i7 is not be eligible for parole into the ,united ,states under section #bab7;d77#e7 or for conditional parole under section #bcf4 4 #c4 ,mandatory detention for criminal aliens inadmissible or subject to deportation for birth tourism ,section #bcf7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a77 is amended-- 7#a7 at the end of each of subparagraphs 7,a71 7,b71 and 7,c71 by striking the comma at the end2 7#b7 in subparagraph 7,d71 by striking 1 or at the end and inserting a semicolon2 7#c7 in subparagraph 7,e77ii71 by striking the comma at the end and inserting 2 or2 and 7#d7 by inserting after subparagraph 7,e77ii7 the following3 7,f7 is inadmissible under section #bab7;a77#b77;,f7 or deportable under section #bcg7;a77#b77;,f7 by reason of having been convicted of1 admitting to having committed1 or admitting committing acts that are the essential elements of1 an offense under sections #bgd;,e1 #bgd;,f1 or #bge7;e71 or of section #aedf;,a of title #ah1 ,united ,states ,code1 4 #d4 ,expedited removal for aliens engaged in birth tourism ,section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7 is amended by adding at the end the following3 7e7 ,removal of aliens based on birth tourism 7#a7 ,removal without further hearing ,an immigration officer who determines an alien is inadmissible under section #bab7;a77#b77;,f7 or deportable under section #bcg7;a77#b77;,f7-- 7,a7 shall order the alien removed1 subject to review in accordance with paragraph 7#b72 7,b7 shall report the order of removal to the immigration court as expeditiously as possible1 but in no case later than #g days after the date of such determination2 and 7,c7 may not conduct any further inquiry or hearing or execute the order of removal until ordered by the immigration judge pursuant to paragraph 7#b74 7#b7 ,review of order by immigration judge 7,a7 ,in general ,an immigration judge shall review each administrative removal order issued pursuant to paragraph 7#a7 not later than #g days after such order is referred to the court by the immigration officer4 7,b7 ,removal order ,if an immigration judge determines that an alien referred to the immigration court is inadmissible under section #bab7;a77#b77;,f7 or deportable under #bcg7;a77#b77;,f71 the immigration judge shall order the alien removed without further inquiry or hearing4 7#c7 ,burden of proof ,the alien shall bear the burden of proof to establish that he or she-- 7,a7 is a lawful permanent resident 7such status not having been abandoned1 rescinded1 or terminated72 or 7,b7 is not described in section #bab7;a77#b77;,f7 or section #bcg7;a77#d77;,f74 7#d7 ,conduct of proceedings ,in proceedings before the immigration judge under this section1 the ,attorney ,general shall provide the alien-- 7,a7 reasonable notice of the proceeding and of the opportunity described in subparagraph 7,c72 7,b7 the privilege of being represented 7at no expense to the ,government7 by a licensed attorney at law or an accredited representative of the alien's choice who is authorized to practice before the immigration court in accordance with section #bib2 and 7,c7 an opportunity to inspect the evidence and submit any additional evidence to support the alien's case prior to the review of the order by the immigration judge4 7#e7 ,treatment of aliens arriving from contiguous territory ,if an alien who is arriving on land 7whether or not at a designated port of entry7 from a foreign contiguous territory to the ,united ,states is determined by an immigration officer to be inadmissible under section #bab7;a77#b77;,f7 or deportable under section #bcg7;a77#b77;,f71 the ,secretary of ,homeland ,security shall return such alien to such territory pending a final decision under this subsection4 7#f7 ,treatment of aliens arriving in the ,commonwealth of the ,northern ,mariana ,islands or ,guam ,if an alien who is arriving in the ,commonwealth of the ,northern ,marianas or ,guam from any foreign port of embarkation or foreign country 7whether or not at a designated port of entry7 is determined by an immigration officer to be inadmissible under section #bab7;a77#b77;,f7 or deportable under section #bcg7;a77#b77;,f71 the ,secretary of ,homeland ,security shall immediately return such alien to such foreign port of embarkation or foreign country pending a final decision under this subsection4 7f7 ,prohibition on judicial review ,notwithstanding section #bdb of this title1 any other provision of law 7statutory or nonstatutory71 including section #bbda of the title #bh1 ,united ,states ,code1 or any other habeas corpus provision1 and sections #acfa and #afea of such title1 there shall be no judicial review of any findings 7factual or legal71 decisions1 or actions taken by the ,secretary1 immigration officer1 or immigration judge1 pursuant to the proceedings under subsection 7e74 7g7 ,recalcitrant countries 7#a7 ,automatic suspension of visa issuance and bar to admission ,notwithstanding section #bdc7;d7 or any other provision of law1 if the country of birth1 nationality1 citizenship1 or last habitual residence of an alien subject to removal under subsection 7e7 refuses to accept such alien within #ad days of receiving notification from the ,secretary of ,homeland ,security of such removal order1 the ,secretary shall-- 7,a7 direct the ,secretary of ,state to immediately pause the issuance of visas for all citizens1 nationals1 subjects1 and habitual residents of such country for the following #ahj days2 and 7,b7 immediately suspend admission of all citizens1 nationals1 subjects1 and habitual residents of such country until the country accepts the return of the removed alien4 7#b7 ,exception for national security or foreign policy 7,a7 ,in general ,the ,secretary of ,state and the ,secretary of ,homeland ,security may jointly determine1 based on the specific circumstances of an individual alien's case1 that it is in the national security or foreign policy interests of the ,united ,states to issue a visa or other travel document to an individual alien before the expiration of the #ahj-;day period of suspension referred to in paragraph 7#a77;,a74 7,b7 ,limitations ,the authority under this subsection-- 7i7 is not subject to delegation below the ,deputy ,secretary of ,homeland ,security or the ,deputy ,secretary of ,state2 7ii7 may not be used to allow categories or groups of aliens of any nationality or citizenship into the ,united ,states2 and 7iii7 may be exercised for not more than #ej aliens in any fiscal year4 4 #e4 ,mandatory medical examinations for aliens seeking visas1 admission to the ,united ,states1 and physically present in the ,united ,states 7a7 ,in general ,section #bba7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;d77 is amended-- 7#a7 by inserting after 7d7 the following3 8,physical and mental examinations4-- 7#a7 ,immigrant visas 2 7#b7 in the second sentence1 by striking ,prior to and inserting the following3 7#b7 ,nonimmigrant visas 7,a7 ,in general ,except as provided in subparagraph 7,b71 prior to 2 and 7#c7 by adding at the end the following3 7,b7 ,mandatory examinations 7i7 ,medical examination ,prior to the issuance of a nonimmigrant visa for business or pleasure pursuant to section #aja7;a77#ae77;,b71 the ,secretary of ,state or consular officer shall require an alien who is a biological female of childbearing age to submit to a medical examination by a medical officer of the ,united ,states ,public ,health ,service to determine if the alien is likely to give birth in the ,united ,states or its territories or outlying possessions during the alien's stay1 which will make such alien inadmissible under section #bab7;a77#b77;,f74 7ii7 ,medical certification ,a medical officer of the ,united ,states ,public ,health ,service shall conduct the examination of an alien described in clause 7i7 and submit a certification to the ,secretary of ,state or consular officer on whether the alien is likely to give birth during the alien's stay in the ,united ,states or its territories or outlying possessions4 7,c7 ,birth tourism assessment and nonimmigrant visa decisions ,if1 based on the medical certification under subparagraph 7,b71 the ,secretary of ,state or consular officer suspects the alien is likely to give birth within #aj months in the ,united ,states1 its territories or outlying possessions1 the ,secretary of ,state or consular officer may-- 7i7 deny the nonimmigrant visa2 or 7ii7 withhold visa issuance until such date as the consular officer determines the alien is no longer inadmissible under section #bab7;a77#b77;,f77ii74 4 7b7 ,detention for physical and mental examinations ,section #bcb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbb7 is amended by adding at the end the following3 7d7 ,detention and medical certifications for aliens subject to inadmissibility or deportability due to birth tourism 7#a7 ,detention ,if an immigration officer suspects an alien who is a biological female of child bearing age is inadmissible under section #bab7;a77#b77;,f7 or deportable under section #bcg7;a77#b77;,f71 the ,secretary of ,homeland ,security shall temporarily detain such alien for a sufficient period to enable a medical officer of the ,united ,states ,public ,health ,service to determine if the alien is likely to give birth in the ,united ,states or its territories or outlying possessions during the alien's stay4 7#b7 ,medical examination and certification ,a medical officer of the ,united ,states ,public ,health ,service shall conduct a physical examination1 administer necessary medical tests1 and certify the resulting findings for the immigration officer or immigration judge regarding whether an alien described in paragraph 7#a7 is likely to give birth in the ,united ,states or its territories or outlying possessions during the alien's stay4 4 #f4 ,criminal penalties for facilitating birth tourism 7a7 ,in general ,chapter #h of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acba et seq47 is amended by adding at the end the following3 #bgd;,e4 ,criminal penalties for facilitating birth tourism 7a7 ,activities prohibited ,it shall be unlawful for any person to knowingly-- 7#a7 forge1 counterfeit1 alter1 falsely make1 or attempt to forge1 counterfeit1 alter1 falsely make any document2 7#b7 provide an alien any forged1 counterfeit1 altered1 or falsely made document2 or 7#c7 prepare1 file1 or assist an alien with an application for a visa1 travel document or other immigration benefit under this title2 or 7b7 ,criminal penalties ,any individual described in subsection 7a71 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not less than #aj years1 or both4 #bgd;,f4 ,criminal penalties for health care matters related to birth tourism 7a7 ,healthcare theft or embezzlement through birth tourism ,any person1 who knowingly-- 7#a7 embezzles1 steals1 or otherwise without authority converts to the use of any person other than the rightful owner2 or 7#b7 misapplies any of the moneys1 funds1 securities1 premiums1 credits1 property1 or other assets of a ,federal health care program1 to facilitate1 engage in1 encourage1 solicit1 or advertise to an alien any services related to birth tourism 7regardless of whether such services1 or a portion of such services1 were initiated inside or outside the ,united ,states71 to allow such alien to enter or remain in the ,united ,states1 its territories or outlying possessions1 solely to give birth to a child on ,united ,states soil in order to obtain ,united ,states citizenship for a child1 shall be fined under title #ah1 ,united ,states ,code1 and imprisoned for not less than #aj years1 or both4 7b7 ,healthcare fraud through birth tourism ,whoever knowingly executes1 or attempts to execute1 a scheme or artifice to-- 7#a7 to defraud any ,federal healthcare program2 or 7#b7 to obtain1 by means of false or fraudulent pretenses1 representations1 or promises1 any of the money or property owned by1 or under the custody or control of1 any ,federal healthcare program1 in connection with the delivery of or payment for health care benefits1 items1 or services1 for the purpose of allowing an alien to give birth to a child on ,united ,states soil in order to obtain ,united ,states citizenship for such child1 shall be fined under this title or imprisoned not more than #aj years1 or both4 7c7 ,definition ,as used in this section1 the term ,federal healthcare program has the meaning given such term in section #acjb;a-#g;b7f7 of title #db1 ,united ,states ,code4 4 7b7 ,section #bge of the ,immigration and ,nationality ,act1 #h ,u4,s4,c4 #acbe1 is amended by-- 7#a7 revising the title of the section to read3 ,improper entry by alien2 fraud and evasion of immigration laws4 7#b7 adding a new subsection 7e7 to read as follows3 7e7 ,birth tourism fraud ,any individual who-- 7#a7 commits any act that the individual knows or reasonably should have known provides an alien with housing1 transportation1 food1 medical care1 or travel via any mode to the ,united ,states1 its territories or outlying possessions2 7#b7 commits any act that the individual knows or reasonably should have known allows an alien to receive any financial support1 including expenses associated with food1 medical care1 housing1 and transportation1 that will allow the alien to enter the ,united ,states1 its territories or outlying possessions1 or attempt to enter the ,united ,states1 its territories or outlying possessions2 or 7#c7 conspires to assist an alien to enter the ,united ,states1 its territories or outlying possessions1 under false pretenses1 through fraud1 or material misrepresentations in a visa application or other entry document1 to obtain ,united ,states citizenship for the alien's child1 shall be fined imprisoned for not less than #aj years and not more than #be years1 or both4 4 7c7 ,title #ah of the ,united ,states ,code is further amended by adding a new section #aedf;,a to read as follows3 #aedf;,a4 ,fraud1 conspiracy1 and other acts associated with undermining ,united ,states sovereignty through birth tourism 7a7 ,any person who knowingly-- 7#a7 aids or assist any alien to enter the ,united ,states1 its territories or outlying possessions1 or to physically remain in the ,united ,states1 its territories or outlying possessions1 regardless of the alien's manner of entry2 7#b7 conspires or connives1 or attempts to conspire or connive to aid or assist any alien to enter the ,united ,states1 its territories or outlying possessions1 or to physically remain in the ,united ,states1 its territories or outlying possessions2 or 7#c7 conspires or connives1 or attempts to conspire or connive with any other person or persons to aid or assist any alien to enter the ,united ,states1 its territories or outlying possessions1 or remain in the ,united ,states1 its territories or outlying possessions1 for the purpose of giving birth to a child in the ,united ,states1 its territories or outlying possessions1 so that such child can obtain ,united ,states citizenship at birth1 shall be imprisoned for a minimum of #aj years and fined #ajj1jjj for each alien such person aided or assisted4 4 #g4 ,birth tourism taskforce ,title ,,ii1 ,chapter #i of the ,immigration and ,nationality ,act is amended to add a new section #bie to read as follows3 #bie4 ,taskforce on birth tourism 7a7 ,establishment ,there is established a ,taskforce 7hereinafter referred to as the ,taskforce7 within the ,department of ,homeland ,security1 that shall include ,u4,s4 ,citizenship and ,immigration ,services1 ,u4,s4 ,immigration and ,customs ,enforcement1 ,homeland ,security ,investigations1 and ,u4,s4 ,customs and ,border ,protection1 that shall3 7#a7 investigate individuals1 organizations and entities that create schemes and run operations to facilitate in and enforce laws to prevent an alien from seeking to undermine the sovereignty of the ,united ,states by attempting to enter1 entering1 or remaining physically in the ,united ,states1 its territories or outlying possessions1 for the purpose of giving birth to a child on ,united ,states soil2 and 7#b7 refer cases to the ,department of ,justice for criminal prosecutions4 7b7 ,training materials ,the ,taskforce shall produce training materials for local law enforcement on the investigation and detection of criminal offenses described in subsection 7a74 7c7 ,coordination ,the ,taskforce shall coordinate with the ,department of ,agriculture1 the ,office of ,inspector ,general of the ,department of ,agriculture1 the ,federal ,bureau of ,investigation1 the ,united ,states ,marshals ,service1 ,u4,s4 ,customs and ,border ,protection1 and other agencies1 as appropriate4 7d7 ,report ,on the date that is one year after the date of enactment of this ,act1 and annually thereafter1 the ,taskforce shall submit to the appropriate committees of ,congress1 a report on1 for the previous year-- 7#a7 the number of charges that were filed for violations of laws described in subsection 7a71 disaggregated by the law alleged to have been violated1 the ,state in which the violation was alleged to have occurred1 and the number of convictions2 and 7#b7 the number of investigations of violations of laws described in subsection 7a7 for which charges were not filed4 7e7 ,appropriate committees defined ,for purposes of this section1 the term appropriate committees includes-- 7#a7 the ,senate ,committee on the ,judiciary2 7#b7 the ,house ,committee on the ,judiciary2 7#c7 the ,senate ,homeland ,security and ,governmental ,affairs ,committee2 7#d7 the ,house ,committee on ,homeland ,security2 7#e7 the ,house ,foreign ,affairs ,committee2 7#f7 the ,senate ,foreign ,relations ,committee2 and 7#g7 the ,house ,oversight and ,government ,reform ,committee4 4 #h4 ,exemption from ,paperwork ,reduction ,act and the ,administrative ,procedure ,act 7a7 ,paperwork ,reduction ,act ,nothing in this ,act may be construed to require the ,secretary of ,homeland ,security1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,state1 or the ,attorney ,general to comply with the requirements of chapter #ce of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act71 if the department head involved determines that compliance would impede the immediate implementation of this ,act or the amendments made by this ,act4 7b7 ,administrative ,procedure ,act ,nothing in this ,act may be construed to require the ,secretary of ,homeland ,security1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,state1 or the ,attorney ,general to promulgate regulations under subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code 7commonly referred to as the ,administrative ,procedure ,act71 if the department head involved determines that compliance would impede the immediate implementation of this ,act or the amendments made by this ,act4 #i4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date of enactment of this ,act4