Migrating Mothers: The Battle Against Birth Tourism
- Miriam R. Dalum
- 2 days ago
- 5 min read
By. Miriam Dalum
DOI. 10.57912/30822893
When preparing to give birth, most mothers worry about the health and safety of their new child. Some mothers, however, worry about obtaining a visa and traveling to a foreign country. While it may seem dangerous for an expecting woman to travel, these women are willing to take the risk. These mothers’ goal is to give birth in a country that provides their child with birthright citizenship and other accompanying opportunities. This process, known colloquially as birth tourism, is a contentious issue for numerous nations, particularly the United States. As the U.S. and other countries uphold their birthright citizenship regulations, effective immigration strategies must accept that mothers will seek the best for their child, including citizenship; any immigration regulations must be focused on sustainable practices and family welfare.
With the ratification of the 14th Amendment, the United States established that all persons born within its borders are American citizens. While the Amendment was initially established for the protection of children of newly freed slaves, the Amendment made immigration into the United States increasingly enticing. Over time, as the U.S. solidified its status as a global powerhouse, an American passport became a highly valuable asset. Today, a United States passport provides visa-free travel to approximately 180 different nations, legal residence in the United States, and access to American financial institutions. These, partnered with numerous other benefits associated with living in the States, continue to be the appeal of birth tourism. Much of American birth tourism comes by way of Chinese and Russian mothers. Chinese mothers seek U.S. citizenship for their children to access better educational resources and job opportunities, which are often limited to citizens. Russian mothers seek U.S. citizenship due to current and future economic and travel concerns.
However, the rise of birth tourism has led to crackdowns in recent years. In 2019, a California woman was arrested for conspiracy and international money laundering relating to her large birth tourism scheme. She and her husband ran USA Happy Baby Inc. and charged pregnant Chinese women thousands of dollars to help them give birth in California. This was not the only scheme of its kind. In a 2022 Senate minority report from the Committee on Homeland Security, two other schemes were identified: Ada International and Miami Mama. They have since both been shut down.
While birth tourism in the U.S. has continued to decrease, the issue has recently gained more attention due to Pres. Trump's 2024 campaign promises. Early into his second term, Trump ordered all federal agencies to refuse citizenship to the U.S.-born children who did not have at least one parent with citizenship or legal residence. However, that order was quickly blocked by two lower federal courts. In September, Trump asked the Supreme Court to review his appeals of two lower court decisions and reconsider the crucial principle presented in the 14th Amendment. Most recently, the Supreme court has agreed to hear the case and present statements in mid 2026.
Despite Trump’s recent push to end birthright citizenship, visa restrictions have been adjusted to address birth tourism issues since Trump’s first term. In January 2020, the State Department revised regulations that prevented the issuance of non-immigrant type B visas to any woman believed to be traveling solely to give birth in the United States to gain citizenship for the child. While customs officers are discouraged from asking any woman if she is or plans to be pregnant, they can deny visas based on suspicions or clues that an applicant is only entering to give birth. Non-immigrant visas are preferred to be given to women with other valid travel reasons. With this refusal to issue a B non-immigrant visa to many pregnant mothers, the United States is strictly cracking down on birth tourism. Despite birthright citizenship being a constitutional right, the Senate Committee on Homeland Security, later in 2022, reported that birth tourism “short-circuits and demeans the American naturalization process.” The Senate Committee asserted that "U.S. citizenship is not a backup plan," directly refuting the expecting mothers tirelessly planning their trips for their child's future.
As the United States tightens restrictions, other countries continue to offer birthright citizenship with fewer limitations. One popular destination for expecting mothers has recently been Argentina. While not as popular among Chinese mothers, over 10,000 Russian women, many of whom were in late pregnancy, entered Argentina in 2022. Argentina’s historically loose immigration laws, originally made to promote European immigration, make it an enticing alternative for Russians seeking to escape political and economic instability. Unlike European nations, which generally require at least one parent to be a citizen or resident for a child to gain citizenship, Argentina grants citizenship automatically at birth. Therefore, some families are choosing to settle in Argentina due to its strong European influence, as anti-Russian sentiment rises across Europe. Conveniently, the process of obtaining Argentine citizenship becomes significantly faster when you are a parent of an Argentinian-born child.
In most instances of birth tourism to Argentina, however, mothers are not yet seeking permanent residency. The draws of an Argentine passport are expectedly similar to those of an American passport. Most mothers want better schooling, healthcare, and advancement opportunities for their children. Moreover, Russian mothers seek better passports for their young children. Argentinian passport holders can travel visa-free to an estimated 169 destinations, over 50 more than Russian passport holders. Further, an Argentinian is expected to receive a visa to the U.S. much more easily than a Russian. Travel is not everything, however. As European powers impose economic sanctions on Russia, holders of an Argentinian passport have alternative options for international bank accounts.
As enticing as birth tourism may be, it is not without its risks. The process is expensive, with costs including airfare, temporary housing, medical expenses, and legal fees. Organizations designed to ease the process can be even pricier, with some VIP packages exceeding $15,000. This cost has concerned both the United States and Argentina, and the U.S. has explicitly cracked down on organizations like these, citing concerns of visa fraud and money laundering. The arrest of two alleged Russian spies with Argentine passports worried Buenos Aires and sparked debate around its loose immigration policies. While concerns exist, these risks are overstated by the Argentine and American governments. It is unrealistic for countries like Argentina or the U.S. to fear that birth tourism will damage the image of their passport. Most instances of passport fraud and illegal migration are not committed by migrating pregnant mothers. Few individuals exploit birthright citizenship for illicit purposes such as fraud, compared to the vast majority who seek it for legitimate reasons like true citizenship. The United State’s fear of birth tourism is only a fear of immigration. Birth Tourism, as protected by the 14th Amendment, was legal for centuries, illustrating that this debate is not about illegal immigration as Trump and his supporters espouse.
It is also unrealistic for the U.S., or any nation, to expect to eradicate all birth tourism when a key pillar of the nation's structure is jus soli. Instead, immigration policy must adapt to these migrating mothers and ensure that the nation's immigration policies are sustainable and best for family welfare. Largely, birth tourism is not incredibly harmful to any nation and fraud is relatively infrequent. In most cases, to obtain ideal opportunities, the child will eventually support their nation of birth. Just as there are organizations assisting migrants in crossing borders, birth tourism services cater to those seeking a different opportunity. Immigration and its various methods have always been contentious, but to single out and attack birth tourism is unnecessary. Any policy related to birth tourism should only focus on countering and reprimanding fraudulent and deceptive schemes. Policy shall not criminalize the expecting mothers themselves, nor shall any immigrant be criminalized for their migration. At its core, birth tourism is a form of immigration, driven by a mother’s desire for a better life for their child. To totally prevent all birth tourism would require removing birthright citizenship, which would undoubtedly be an uphill, unconstitutional battle. Until the U.S. or any other nation removes its jus soli, which is unlikely, birth tourism will undoubtedly continue based upon a universal aspiration for parents to help their children.