Key facts
- The White House is considering policy options to crack down on 'birth tourism' after a Supreme Court loss.
- Officials discussed enhancing border security and deporting undocumented immigrants.
- The administration may use Section 212(f) of federal law to ban some immigrants.
- Current laws allow for barring pregnant women from entering the U.S. if their primary purpose is to give birth.
- Consular officers and CBP have discretion to deny visas and entry based on intent.
The White House is exploring measures to curb 'birth tourism' following a Supreme Court decision that did not directly address the practice. Officials, including Border Czar Tom Homan, DHS Secretary Markwayne Mullin, and White House Deputy Chief of Staff of Policy Stephen Miller, met with the president to discuss policy options. White House spokesperson Abigail Jackson affirmed the administration's commitment to protecting American citizenship and enhancing border security.
The administration is considering increased enforcement actions, potentially leveraging Section 212(f) of federal law to restrict the entry of certain immigrants. This section could be used to ban individuals from entering the U.S., with a focus on pregnant women seeking to give birth on American soil. Allies have indicated that current laws already permit the barring of pregnant women from entry, with the State Department able to deny visas and Customs and Border Protection able to deny entry if the primary purpose of travel is to have a child in the U.S.
Markwayne Mullin suggested that travel during late-term pregnancy could be examined as a national security issue. Jessica Vaughan, director of policy studies at the Center for Immigration Studies, noted that while pregnant women are not currently prohibited from traveling to the U.S., consular and CBP officers have discretion to deny entry if they suspect the intent is to give birth in the U.S. The administration is also contemplating additional visa restrictions, potentially requiring applicants to disclose pregnancy or plans to give birth in the U.S.