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S. 5527IntroducedSenate · nowHousePresidentLawIn committee
Sec. 3 · S. 5527

Inadmissibility of aliens seeking citizenship for children by giving birth in the United States

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(a) In general Section 212(a)(10) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)) is amended by adding at the end the following: (F) Aliens seeking citizenship for children by giving birth in the United States (i) In general Any alien seeking admission to the United States as a nonimmigrant under section 101(a)(15)(B) for the primary purpose of obtaining United States citizenship for a child by giving birth to such child in the United States is inadmissible. (ii) Rules of construction Nothing in this subparagraph may be construed to render inadmissible— (I) an alien seeking legitimate medical treatment relating to childbirth if obtaining citizenship for the child is not the primary purpose for seeking admission; or (II) an alien if the child she is carrying is the biological offspring of a United States citizen, a United States lawful permanent resident, or a person who has been granted permanent resident status in the United States as a refugee or asylee.. (b) Denial of admission Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by inserting after paragraph (1) the following: (2) A consular officer or a U.S. 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 States.. (c) Prohibition on granting humanitarian parole to aliens engaging in birth tourism Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended— (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following: (C) (i) Except as provided in clause (ii), the Secretary of Homeland Security may not parole into the United States an alien who is seeking to enter the United States, or to remain in the United States, for the primary purpose of obtaining United States citizenship for a child by giving birth to such child while in the United States. (ii) Clause (i) 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 245..

Sec. 3: Inadmissibility of aliens seeking citizenship for children by giving birth in the United States · Public Law Tracker