Trump administration steps up scrutiny of pregnant visa applicants

The new rule, to take effect Friday, will give discretion to consular officers abroad to reject women they believe are entering the United States specifically to gain citizenship for their child by giving birth. The visas covered by the new rule are issued to those seeking to visit for pleasure, for medical treatment or to see friends and family.

Conservatives have long railed against what they call “anchor babies” born on US soil and used by their parents to bring in other family members. President Donald Trump has also criticized the constitutional provision that grants citizenship to most babies born on U.S. soil.

It is not clear whether “birth tourism” is a significant phenomenon or that “anchor babies” do lead to substantial immigration, but many conservatives believe both issues are real and serious. The Trump administration has repeatedly moved to allay such concerns.

“Birth tourism poses risks to national security,” Carl Risch, assistant secretary for consular affairs at the State Department, wrote in the final rule. “The birth tourism industry is also rife with criminal activity, including international criminal schemes.”

The rule would raise the burden of proof for pregnant women applying for tourist visas by outlining that giving birth in the country “is an impermissible basis” for visiting the United States. Even if the women say they are entering the country for medical treatment — a legitimate factor for visa eligibility — an applicant would need to prove that she has enough money to pay for such treatment to the satisfaction of the officer.

“If an applicant’s responses to this line of questions are not credible, that may give consular officers reason to question whether the applicant qualifies for a visa,” Risch said in the rule.

The new policy does not change guidance granted to airport officers working for the Department of Homeland Security, meaning entry eligibility would not be determined in the United States.

It is also not clear how effective the new rule will be. Some visas allow foreigners to visit the United States multiple times over the course of as many as 10 years, meaning an applicant could be granted a visa, get pregnant years later and still be permitted to visit the country.

“Unless DHS changes how its officers interpret travel for pleasure to be consistent with the State Department rule, then people will still come to the United States to give birth. This won’t stop that happening,” said Theresa Cardinal Brown, director of immigration and cross-border policy at the Bipartisan Policy Center.

But those abroad applying for visas close to the delivery date could be denied, she said.