Friday, January 24, 2020
As been blogged about here, the Trump administration this week moved to address "birth tourism." Some news reports make it seem that visitors are coming to the United States to give birth to U.S. citizens in large numbers. The data does not support that assertion.
"Currently, it is not illegal to come to the United States with the intention of giving citizenship to a child. There are also no definite, specific statistics as to the number of people coming to the country with that intention. However, the U.S. Center for Disease Control ("CDC") reported 7,955 births by non-residents in the year 2012, the last year this data was available, which may serve as a very rough indication of the number of individuals who come to give birth in the country." Matthew D. Kugler, Current Developments in Immigration Law: The Debate Surrounding "Birth Tourism", 32 Georgetown Immigration Law Journal 321, 321 (2018) (footnote omitted).
A few years back, the claim was made by a respected news outlet that birth tourism was a "myth." It would be good to read a law review article, news report, or study that looked carefully at the available current data on birth tourism.
UPDATE (Jan. 26); Here is an NPR report on President Trump's effort to get at birth tourism.