John Cornyn
U.S. Senator John Cornyn (R) announced new legislation aimed at cracking down on "birth tourism," a practice in which foreign nationals travel to the United States to give birth so their children automatically receive U.S. citizenship.
The proposed bill, titled the Barring American Citizenship by Keeping Out Foreign Fraudsters (BACK OFF) Act, seeks to tighten immigration enforcement and penalize individuals and networks accused of exploiting the system.
"U.S. citizenship is the greatest blessing and privilege on the planet," said Cornyn. "Our adversaries have gamed the system so that citizens of their country can have their children born on U.S. soil and automatically become U.S. citizens."
Under the proposal, individuals involved in birth tourism would be deemed inadmissible to the United States and subject to deportation. The legislation would also require the U.S. Department of Homeland Security to detain individuals suspected of engaging in related offenses.
The bill outlines several enforcement mechanisms, including expedited removal proceedings for those accused of birth tourism and requiring certain individuals entering from Canada or Mexico to remain outside the U.S. while their cases are adjudicated. It also targets misuse of visa programs that could allow individuals to give birth in U.S. territories.
Additionally, the measure would impose penalties on foreign governments that refuse to accept the return of nationals involved in birth tourism by temporarily suspending visa issuance to those countries.
Cornyn's proposal also includes provisions aimed at preventing circumvention of the rules, such as allowing immigration officials to request medical examinations if there is suspicion of birth tourism. It further authorizes consular officers to delay or deny visas in cases where applicants are suspected of traveling to the U.S. for childbirth.
The legislation would also create new criminal penalties for individuals and organizations that facilitate birth tourism schemes, including fraud tied to healthcare and immigration processes. A dedicated task force would be established to investigate such networks and refer cases to the U.S. Department of Justice for prosecution.
The BACK OFF Act reflects a broader push among some lawmakers to address perceived loopholes in U.S. immigration policy, particularly around birthright citizenship. Cornyn framed the bill as a national security measure, pointing to concerns about the exploitation of U.S. citizenship laws by foreign adversaries such as China and Russia.
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