Criminal offense

Section 1546 of title 18, United States Code, is amended by adding at the end the following: (d) (1) Whoever— (A) being an alien, 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 10 years in prison; (B) being the spouse, partner, or immediate family member of an alien described in subparagraph (A), knowingly participates in, facilitates, or materially assists in the concealment of birth tourism or the commission of fraud described in subsection 3(a) shall likewise be subject to visa revocation, expedited removal or removal; or (C) being an individual or entity, knowingly participating in, organizing, advertising, promoting, financing, managing, or otherwise facilitating a commercial enterprise that arranges or assists birth tourism, shall be fined under title, imprisoned for not more than 10 years, or both. (2) Notwithstanding any other provision of law, 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 subsection. (3) In this subsection, the term birth tourism — (A) 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 States; and (B) 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 basis..