Ololade Adeyanju/
The administration of President Donald Trump is considering new restrictions that could prevent some pregnant foreign women from entering the United States, marking the latest attempt to curb what officials describe as “birth tourism” after the Supreme Court rejected the President’s bid to end birthright citizenship.
The proposal, which is still under discussion inside the White House, would represent a significant shift in US immigration policy by focusing on who is allowed to enter the country rather than attempting to change the constitutional right to citizenship for children born on American soil.
The move comes just days after the US Supreme Court dealt a major setback to one of Trump’s signature immigration policies, ruling that his executive order seeking to restrict automatic citizenship for children born in the United States to parents who are in the country illegally or temporarily could not be reconciled with the Constitution’s Fourteenth Amendment.
According to reports, White House officials are examining whether tighter entry rules for pregnant foreign nationals could help reduce so called birth tourism, the practice of travelling to the United States to give birth so that a child acquires American citizenship by birth.
The issue gained fresh attention after senior White House adviser, Stephen Miller, argued that the administration would have to take a closer look at who is admitted to the United States on temporary visas following the Supreme Court’s decision.
During a television interview, Miller suggested that the ruling had heightened concerns over foreign nationals entering the country late in pregnancy for the purpose of securing citizenship for their children.
While no formal policy has been announced, any attempt to restrict entry on the basis of pregnancy is expected to face intense legal and political scrutiny.
Civil rights advocates have questioned how such a policy could be enforced without raising concerns over privacy, discrimination and the treatment of legitimate travellers, while immigration specialists note that US border officials already possess broad powers to refuse entry to visitors if they believe visa conditions are being misrepresented.
Birthright citizenship has been embedded in American constitutional law for more than a century. The Fourteenth Amendment provides that virtually everyone born in the United States is a citizen, regardless of their parents’ immigration status, with only limited exceptions such as children of foreign diplomats.
In its ruling, the Supreme Court reaffirmed that longstanding interpretation, dealing a significant defeat to Trump’s effort to narrow eligibility through executive action.
Following the judgment, Trump urged Congress to pursue legislation addressing birthright citizenship, although constitutional scholars have argued that changing the principle would almost certainly require a constitutional amendment rather than an ordinary Act of Congress.
The administration has also intensified its focus on birth tourism itself.
The Department of Justice recently announced a renewed crackdown on businesses and individuals accused of facilitating fraudulent visa applications for expectant mothers seeking to give birth in the United States.
Federal prosecutors say several organisers of such schemes have already been successfully prosecuted in recent years.
The latest proposal underscores the determination of the Trump administration to pursue alternative immigration measures after the Supreme Court closed one of its principal legal avenues.
Whether restrictions targeting pregnant foreign visitors can withstand legal challenge, however, remains uncertain.
Click on link to join our WhatsApp channel:
https://whatsapp.com/channel/0029VaH43zJGJP88wNggvZ16
0
