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Rubio Announces Visa Restrictions Targeting Commercial Birth Tourism

[Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons]

Secretary of State Marco Rubio announced new visa restrictions Wednesday aimed at foreign nationals who participate in commercial birth tourism and the networks that profit from arranging U.S. births to secure citizenship for their clients’ children. The policy expands the administration’s efforts to target what it describes as immigration fraud and the exploitation of public benefits.

“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 U.S. citizenship,” Rubio said in a statement.

Issued under Section 212(a)(3)(C) of the Immigration and Nationality Act, the policy covers individuals “who knowingly engage in, have engaged in, or facilitate birth tourism to the United States.” Its targets include commercial network owners and managers, visa “fixers” who coach applicants to commit fraud, and foreign medical providers who knowingly help arrange the travel and fraudulent use of Medicaid. Certain family members may also face restrictions, according to the department.

The State Department accused commercial operators of charging tens of thousands of dollars to arrange births on American soil while instructing customers to conceal the purpose of their trips. Rubio cast the restrictions as part of a broader effort to protect citizenship and taxpayer resources. “The Trump Administration is using every tool at our disposal to defend the integrity of U.S. citizenship, protect American public benefits and U.S. taxpayers from exploitation, and safeguard our national security,” he said.

The announcement follows the Supreme Court’s June 30 ruling striking down President Donald Trump’s attempt to end automatic citizenship for U.S.-born children of people in the country illegally or on temporary visas. The 6–3 decision rejected the executive order Trump signed at the start of his second term.

The announcement follows congressional scrutiny of businesses selling maternity packages to foreign nationals. Earlier this month, Dr. Wladimir Lorentz, founder of Have My Baby in Miami, repeatedly invoked the Fifth Amendment before a House panel investigating birth tourism. His company advertised housing, medical care and delivery arrangements, and he previously said it had served more than 2,000 families. Lorentz declined to answer questions on advice of counsel amid a pending federal criminal investigation.

Trump subsequently signed an August order directing federal agencies to take additional steps against birth tourism, including visa restrictions and action against facilitators. A separate effort to withhold citizenship from certain U.S.-born children encountered another setback in September, when a federal judge blocked the measure, citing the Supreme Court’s ruling.

Wednesday’s announcement came ahead of Chinese President Xi Jinping’s arrival for a U.S. state visit. The new restrictions, however, do not identify a particular nationality; the State Department framed them around participation in or facilitation of commercial birth tourism.

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