Medical tourism is big business worldwide; it’s estimated that 1 to 2 million people travel abroad for services ranging from cancer treatment to tummy tucks. But a pregnant woman who comes to the United States to give birth gets something even more valuable than medical care: U.S. citizenship for her baby.
That’s why women from China and other countries are paying companies between $40,000 and $60,000 to help them give birth in the U.S. — and why federal agents last week raided more than 30 California sites believed to be connected to the dubious scheme. “Birth tourism” is not illegal, per se, but lying on a visa application is. Even if the fraud and conspiracy alleged in search warrants cannot be proven, U.S. citizenship should not be extended to babies born to tourists.
The United States and Canada are among a dwindling number of countries that bestow citizenship on the principle of jus soli, “right of the soil” in Latin. This means, if you’re born on American soil, you’re an American, no matter how temporary the stay. You can grow up in another country, then return to the U.S. as an adult and receive government benefits or sponsor foreigners for citizenship.
Because this right is articulated in the 14th Amendment, change can occur only through a constitutional amendment. Regardless, a few lawmakers have introduced bills that would require at least one parent to be an American citizen or national, or a lawful permanent resident, but messily entwined in the immigration debate, the measures have failed. The advent of the birth-tourism industry, however, shows change is needed.
No charges were filed last week, but agents collected evidence that may lead to prosecution. It’s tough to go after pregnant women and new mothers, but as for the companies that exploit them, unleash the hounds. U.S. citizenship is too precious to be distributed to people whose sole connection to the country is time spent in a crib.
First Published: March 10, 2015, 4:00 a.m.