Findings; sense of Congress

(a) Findings Congress finds the following: (1) 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 States. (2) The Committee on Homeland Security and Governmental Affairs of the Senate has determined— (A) changes made to Department of State policies in 2015 made birth tourism more accessible and more difficult to investigate and prosecute; (B) birth tourists— (i) frequently make repeat trips to the United States and declare substantial amounts of cash upon entry; and (ii) sometimes leave unpaid medical expenses that are ultimately borne by United States taxpayers; and (C) commercial birth tourism companies have organized and promoted travel packages designed to facilitate birth tourism in the United States. (3) The Committee on Homeland Security and Governmental Affairs of the Senate has recommended that Congress amend the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 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 child. (4) In 2020, 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 visa. (5) 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 tourism. (6) The Department of State has continued to identify, investigate, and dismantle organized birth tourism networks operating overseas, including networks that used fraudulent documents, visa facilitators, and coached applicants to evade immigration screening. (b) 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 citizenship.