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>>190035Birth tourism, defined in section 3 of this order, undermines the integrity of the Nation's immigration system by enabling foreign nationals to exploit their temporary admission to obtain permanent immigration-related benefits. Birth tourism also diverts limited consular inspection and enforcement resources away from legitimate visa applicants, erodes public confidence in the faithful enforcement of the immigration laws, and impairs the executive branch's ability to protect the national security.
The United States has a compelling interest in ensuring that each visa category is used only for the purpose for which it was established. Foreign nationals seeking temporary admission into the United States must adhere to the purposes for which the Congress has authorized their temporary admission, and cannot be permitted to circumvent the immigration laws in an attempt to vest themselves and their children with lasting benefits that are irreconcilable with their nonimmigrant status.
It is therefore the policy of the United States to promote the integrity of its immigration system, to ensure that nonimmigrant visa classifications are used only for their lawful and intended purposes, and to prevent the exploitation of those classifications by persons engaging in birth tourism.
Sec. 2. Authorities. Pursuant to section 301 of title 3, United States Code, the authority granted to the President under section 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1185(a), is hereby delegated to the Secretary of State and the Secretary of Homeland Security to the extent necessary to implement this order, including the authority to issue or adopt rules, policies, operational guidance, or other guidance to carry out this order.
Sec. 3. Definition. For purposes of this order, "birth tourism" is defined as:
(a) the entry of any foreign national into the United States via a nonimmigrant visa for the purpose of giving birth on American soil; or
(b) any effort by any foreign national to facilitate the entry of any foreign national into the United States via a nonimmigrant visa for the purpose of giving birth on American soil.
Sec. 4. Scope and Implementation. (a) The Secretary of State and the Secretary of Homeland Security shall take such actions and update any rules, policies, operational guidance, or other guidance as necessary to effectuate the policy set forth in this order. Such actions may include, within the Secretaries' respective discretion and authority, appropriate action to prevent the entry into the United States of, or the granting of any visa or other travel authorization to, any alien entering or attempting to enter the United States for the purpose of engaging in birth tourism; revoking the visa or travel authorization and permanently barring entry of any alien who enters or attempts to enter the United States for the purpose of engaging in birth tourism; denial of entry to, or removal of, any alien who previously engaged or plans to engage in birth tourism; or other appropriate action against entities, organizations, or individuals, within or outside of the United States, responsible
for facilitating or enabling birth tourism in any manner.
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