The United States is one of the few developed countries that grants birthright citizenship, meaning any child born on U.S. soil automatically receives U.S. citizenship regardless of their parents’ citizenship status. This practice has contributed to the rise of “birth tourism” as foreign nationals travel to America solely to have children and gain U.S. citizenship for their babies.

While exact numbers are hard to quantify, recent studies show the birth tourism industry has grown significantly over the past decade. One study found about 10,000 children were born in the U.S. each year to families from China alone. As word spreads internationally about birthright citizenship, more families are paying agencies tens of thousands of dollars for birth tourism packages that include travel arrangements, housing, and medical care.

Concerns Over Misuse and Potential Risks

The growing trend of birth tourism has raised concerns regarding potential misuse and risks. Many see it as exploiting the intent behind birthright citizenship, which was aimed at children permanently residing in the U.S., not those purposely traveling solely for the purpose of obtaining citizenship. There are also risks of medical tourism, with some families delivering prematurely or having high-risk pregnancies far from their home support systems.

Additionally, there are national security and healthcare cost concerns. Birth Tourism often overstay visas after giving birth, and their children can serve as “anchor babies” bringing family members over through chain migration. Payouts made by Medicaid and hospitals to cover costs of births to uninsured foreign nationals also present financial burdens.

Legislative Actions to Address Loophole

In response, some states and members of Congress have introduced measures to restrict automatic citizenship for children born to those found to be “in violation of U.S. immigration law.” However, passing a constitutional amendment to end birthright citizenship would be an immense hurdle requiring approval from two-thirds of the House and Senate and three-fourths of state legislatures.

Other proposals focus instead on limiting benefits currently available to birth tourists. For example, legislation has been introduced to deny U.S.-born children of birth tourists access to citizenship benefits like U.S. passports, SSNs, or government services until at least one parent obtains legal resident status. Additionally, state legislatures in places with most births to foreign nationals like California and Florida have taken steps against agencies engaged in birth tourism schemes.