,,ii  #aaith ,,congress  #b;d ,session  
,s4 #eebg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #bd1
 #bjbf,mr4 ,scott of ,south ,carolina   
introduced the following bill2 which was
 read twice and referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to amend the ,immigration and          
,nationality ,act to provide for the    
inadmissibility of certain aliens       
seeking citizenship for children by     
giving birth in the ,united ,states1 and
 for other purposes4  #a4 ,short title2 
table of contents  7a7 ,short title     
,this ,act may be cited as the ,birth   
,tourism ,elimination ,act4  7b7 ,table 
of contents ,the table of contents for  
this ,act is as follows3 ,sec4 #a4      
,short title2 table of contents4,sec4   
#b4 ,findings2 sense of ,congress4,sec4 
#c4 ,inadmissibility of aliens seeking  
citizenship for children by giving birth
 in the ,united ,states4,sec4 #d4       
,codification of ,department of ,state  
rule clarifying eligibility for ,b-#b   

tourist visas4,sec4 #e4 ,prohibition on 
using the ,visa ,waiver ,program for    
birth tourism4,sec4 #f4 ,secondary      
inspections4,sec4 #g4 ,expedited removal
 for birth tourism4,sec4 #h4            
,enhancement of criminal penalties for  
facilitating1 sponsoring1 organizing1 or
 profiting from birth tourism4,sec4 #i4 
,reporting requirements4  #b4 ,findings2
 sense of ,congress  7a7 ,findings      
,congress finds the following3 7#a7     
,birth tourism is the practice of       
foreign nationals traveling to the      
,united ,states for the primary purpose 
of obtaining ,united ,states citizenship
 for a child by giving birth in the     
,united ,states4  7#b7 ,the ,committee  
on ,homeland ,security and ,governmental
 ,affairs of the ,senate has            
determined-- 7,a7 changes made to       
,department of ,state policies in #bjae 
made birth tourism more accessible and  
more difficult to investigate and       
prosecute2  7,b7 birth tourists-- 7i7   
frequently make repeat trips to the     

,united ,states and declare substantial 
amounts of cash upon entry2 and  7ii7   
sometimes leave unpaid medical expenses 
that are ultimately borne by ,united    
,states taxpayers2 and  7,c7 commercial 
birth tourism companies have organized  
and promoted travel packages designed to
 facilitate birth tourism in the ,united
 ,states4  7#c7 ,the ,committee on      
,homeland ,security and ,governmental   
,affairs of the ,senate has recommended 
that ,congress amend the ,immigration   
and ,nationality ,act 7#h ,u4,s4,c4     
#aaja et seq47 to clarify that the ,act 
does not authorize the issuance of visas
 to temporary visitors for pleasure     
whose primary purpose of travel is to   
obtain ,united ,states citizenship for a
 child4  7#d7 ,in #bjbj1 the ,department
 of ,state amended its regulations to   
clarify that travel to the ,united      
,states for the primary purpose of      
obtaining ,united ,states citizenship   
for a child by giving birth in the      
,united ,states is not a permissible    

basis for the issuance of a ,b          
nonimmigrant visitor visa4  7#e7 ,the   
,department of ,state has determined    
that the ,immigration and ,nationality  
,act's authorization for temporary      
visitors for pleasure does not extend to
 individuals whose primary purpose of   
travel is to obtain ,united ,states     
citizenship for a child through birth   
tourism4  7#f7 ,the ,department of      
,state has continued to identify1       
investigate1 and dismantle organized    
birth tourism networks operating        
overseas1 including networks that used  
fraudulent documents1 visa facilitators1
 and coached applicants to evade        
immigration screening4  7b7 ,sense of   
,congress ,it is the sense of ,congress 
that preserving the integrity of the    
,united ,states immigration system and  
ensuring that temporary visitor programs
 are used only for their intended       
purposes are essential to maintaining   
public confidence in the rule of law and
 the value of ,american citizenship4    

#c4 ,inadmissibility of aliens seeking  
citizenship for children by giving birth
 in the ,united ,states  7a7 ,in general
 ,section #bab7;a77#aj7 of the          
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahb7;a77#aj77 is amended by 
adding at the end the following3  7,f7  
,aliens seeking citizenship for children
 by giving birth in the ,united ,states 
7i7 ,in general ,any alien seeking      
admission to the ,united ,states as a   
nonimmigrant under section              
#aja7;a77#ae77;,b7 for the primary      
purpose of obtaining ,united ,states    
citizenship for a child by giving birth 
to such child in the ,united ,states is 
inadmissible4  7ii7 ,rules of           
construction ,nothing in this           
subparagraph may be construed to render 
inadmissible-- 7,i7 an alien seeking    
legitimate medical treatment relating to
 childbirth if obtaining citizenship for
 the child is not the primary purpose   
for seeking admission2 or  7,,ii7 an    
alien if the child she is carrying is   

the biological offspring of a ,united   
,states citizen1 a ,united ,states      
lawful permanent resident1 or a person  
who has been granted permanent resident 
status in the ,united ,states as a      
refugee or asylee4  4  7b7 ,denial of   
admission ,section #bab7;d7 of the      
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahb7;d77 is amended by      
inserting after paragraph 7#a7 the      
following3  7#b7 ,a consular officer or 
a ,u4,s4 ,customs and ,border           
,protection officer may deny admission  
to any alien if such officer has a      
reasonable belief that the primary      
purpose of such alien's travel is to    
obtain ,united ,states citizenship for a
 child by giving birth to such child in 
the ,united ,states4  4  7c7            
,prohibition on granting humanitarian   
parole to aliens engaging in birth      
tourism ,section #bab7;d77#e7 of the    
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahb7;d77#e77 is amended--   
7#a7 by redesignating subparagraph 7,c7 

as subparagraph 7,d72 and  7#b7 by      
inserting after subparagraph 7,b7 the   
following3  7,c7 7i7 ,except as provided
 in clause 7ii71 the ,secretary of      
,homeland ,security may not parole into 
the ,united ,states an alien who is     
seeking to enter the ,united ,states1 or
 to remain in the ,united ,states1 for  
the primary purpose of obtaining ,united
 ,states citizenship for a child by     
giving birth to such child while in the 
,united ,states4  7ii7 ,clause 7i7 shall
 not apply to any alien returning       
pursuant to an advance parole document  
issued on the basis of a pending        
application for adjustment of status    
under section #bde4  4  #d4             
,codification of ,department of ,state  
rule clarifying eligibility for ,b-#b   
tourist visas ,section #bab7q7 of the   
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahb7q77 is amended-- 7#a7 by
 inserting 7#a7 before ,any alien2 and  
7#b7 by adding at the end the following3
  7#b7 7,a7 ,for purposes of section    

#aja7;a77#ae77;,b71 the term pleasure   
does not include obtaining a visa for   
the primary purpose of obtaining ,united
 ,states citizenship for a child by     
giving birth in the ,united ,states4    
7,b7 ,any applicant for a nonimmigrant  
visa under section #aja7;a77#ae77;,b7   
who seeks to enter the ,united ,states  
to receive medical treatment shall be   
denied a visa pursuant to section       
#bad7;b7 if such applicant is unable to 
establish1 to the satisfaction of a     
consular officer1 that-- 7i7 he or she  
has a legitimate reason for traveling to
 the ,united ,states for medical        
treatment2  7ii7 a medical practitioner 
or facility in the ,united ,states has  
agreed to provide such treatment2  7iii7
 the applicant has reasonably estimated 
the duration of the visit and all       
associated costs2 and  7iv7 he or she   
has the means derived from lawful       
sources and intent to pay for the       
medical treatment and all incidental    
expenses1 including transportation and  

living expenses1 either independently or
 with the pre-arranged assistance of    
others4  7,c7 7i7 ,any applicant for a  
nonimmigrant visa under section         
#aja7;a77#ae77;,b7 who a consular       
officer has reason to believe would give
 birth to a child during her stay in the
 ,united ,states is presumed to be      
traveling for the primary purpose of    
obtaining ,united ,states citizenship   
for such child4  7ii7 ,a visa applicant 
may rebut the presumption under clause  
7i7 by establishing1 to the satisfaction
 of a consular officer1 she has a       
legitimate primary purpose for giving   
birth in the ,united ,states other than 
obtaining ,united ,states citizenship   
for the child4  4  #e4 ,prohibition on  
using the ,visa ,waiver ,program for    
birth tourism  7a7 ,guam and ,northern  
,mariana ,islands ,visa ,waiver ,program
 ,section #bab7l7 of the ,immigration   
and ,nationality ,act 7#h ,u4,s4,c4     
#aahb7l77 is amended by adding at the   
end the following3  7#g7 ,not engaging  

in birth tourism ,no alien may be       
granted a waiver of subsection          
7a77#g77;,b77i7 for the primary purpose 
of obtaining ,united ,states citizenship
 for a child by giving birth to such    
child while in ,guam or in the          
,commonwealth of the ,northern ,mariana 
,islands4  4  7b7 ,visa ,waiver ,program
 ,section #bag7;a7 of the ,immigration  
and ,nationality ,act 7#h ,u4,s4,c4     
#aahg7;a77 is amended by adding at the  
end the following3  7#ac7 ,not engaging 
in birth tourism ,the alien is not      
applying to enter the ,united ,states   
through the ,electronic ,system for     
,travel ,authorization for the primary  
purpose of obtaining ,united ,states    
citizenship for a child by giving birth 
to such child while in the ,united      
,states4  4  #f4 ,secondary inspections 
,section #bce7;a77#c7 of the            
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #abbe7;a77#c77 is amended by  
adding at the end the following3 ,an    
immigration officer who has reason to   

believe an arriving alien may be        
inadmissible under section              
#bab7;a77#aj77;,f7 shall refer such     
alien for secondary inspection in       
accordance with procedures prescribed by
 the ,secretary of ,homeland ,security44
  #g4 ,expedited removal for birth      
tourism ,section #bce7;b77#a7 of the    
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #abbe7;b77#a77 is amended--   
7#a7 in subparagraph 7,a77i71 by        
striking section #bab7;a77#f77;,c7 or   
#bab7;a77#g7 and inserting paragraph    
7#f77;,c71 7#g71 or 7#aj77;,f7 of       
section #bab7;a72 and  7#b7 by adding at
 the end the following3  7,h7 ,removal  
destination for birth tourists ,an alien
 who is inadmissible under section      
#bab7;a77#aj77;,f7 may be removed to the
 country from which the alien traveled  
to the ,united ,states unless such alien
 voluntarily withdraws his or her       
application for admission and returns to
 his or country of citizenship or last  
habitual residence4 ,this subparagraph  

does not apply to any alien woman who   
gives birth in the ,united ,states if   
such birth is incidental to her lawful  
admission to the ,united ,states4  4    
#h4 ,enhancement of criminal penalties  
for facilitating1 sponsoring1           
organizing1 or profiting from birth     
tourism ,section #adbe of title #ah1    
,united ,states ,code1 is amended-- 7#a7
 in subsection 7a71 by striking or at   
the end2  7#b7 in subsection 7b71 by    
striking the em dash and inserting 2 or2
  7#c7 by inserting after subsection 7b7
 the following3  7c7 ,whoever1 while    
acting independently or on behalf of an 
entity1 including foreign entity of     
concern 7as defined in section #iija7h7 
of the ,william ,m4 7,mac7 ,thornberry  
,national ,defense ,authorization ,act  
for ,fiscal ,year #bjba 7#ae ,u4,s4,c4  
#dfea7h7771 knowingly facilitates1      
sponsors1 organizes1 advertises1 profits
 from1 or aids and abets birth tourism  
7as described in section #b7;a77#a7 of  
the ,birth ,tourism ,elimination ,act17 

2 and  7#d7 in the undesignated matter  
following subsection 7c71 as added by   
paragraph 7#c71 by inserting an offense 
described in subsection 7c7 or after #ae
 years 7in the case of4  #i4 ,reporting 
requirements ,the ,secretary of         
,homeland ,security1 in consultation    
with the ,secretary of ,state1 shall    
submit a semiannual report to the       
,committee on the ,judiciary of the     
,senate1 ,committee on ,homeland        
,security and ,governmental ,affairs of 
the ,senate1 the ,committee on ,foreign 
,relations of the ,senate1 the          
,committee on the ,judiciary of the     
,house of ,representatives1 and the     
,committee on ,homeland ,security of the
 ,house of ,representatives1 and the    
,committee on ,foreign ,affairs of the  
,house of ,representatives that         
identifies1 with respect to the previous
 month-- 7#a7 the number of ,b-#b       
nonimmigrant visa requests that were    
denied due to the prohibitions set forth
 in subsections 7a77#aj7 or 7q77#b7 of  

section #bab of the ,immigration and    
,nationality ,act1 as added by this     
,act2  7#b7 the number of aliens who    
were denied humanitarian parole due to  
the prohibition set forth in section    
#bab7;d77#e77;,c7 of the ,immigration   
and ,nationality ,act1 as added by      
section #c7;c72  7#c7 the number of     
aliens who were denied entry into the   
,united ,states due to the prohibition  
set forth in section #bag7;a77#ac7 of   
the ,immigration and ,nationality ,act1 
as added by section #e2  7#d7 the number
 of investigations that were initiated  
to identify aliens seeking to enter the 
,united ,states for birth tourism       
purposes2  7#e7 the number of           
prosecutions that were initiated against
 individuals engaged in birth tourism2  
and  7#f7 the number of aliens who were 
removed from the ,united ,states for    
violating the prohibition against birth 
tourism4