LOGK FB Post re Trump Birth Tourism Ban
"Birth tourism" is Trump's next immigration target!
"A new Trump administration regulation that will make it harder for some pregnant women to receive tourist visas, first reported by Axios, is now in the Federal Register and will go into effect on Friday."
Will DHS CBP start questioning scared pregnant women at US Airports & other ports of entry to see if they committed visa fraud?
Will US DHS ICE start raiding Birth Tourism Locations in Florida catering to Russians just like the raids in 2018 on locations in California catering to the Chinese?
The Law Offices of Gregory Krasovsky
https://www.facebook.com/krasovsky911/posts/2608265179411337
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"Birth tourism" is Trump's next immigration target.
"A new Trump administration regulation that will make it harder for some pregnant women to receive tourist visas, first reported by Axios, is now in the Federal Register and will go into effect on Friday."
Will US DHS ICE start raiding Birth Tourism Locations in Florida catering to Russians just like the raids in 2018 on locations in California catering to the Chinese?
Will DHS CBP start questioning scared pregnant women at US Airports & other ports of entry to see if they committed visa fraud?
California and Florida sound like good places to vacation and give birth -- if you can afford them!
But you need to make sure that that neither you nor any third parties involved in your trip do not break any U.S. immigration laws -- which could make you and/or the pregnant mother-to-be a potential participant, co-conspirator or accessory to their crimes with all ensuing legal ramifications.
1. If you or anyone that you know (who is not a U.S. citizen or permanent resident) is considering giving birth in the United States, then please don't risk committing visa fraud.
Please contact a competent and experienced U.S. immigration attorney for legal advice on how to comply with all applicable laws.
2. If you are in the United States unlawfully (illegal immigration status), then please talk to an immigration attorney to help you comply with U.S. immigration laws!
3. If you know someone who's having immigration issues, please advise them to seek legal representation ASAP.
4. If you have or are employing, harboring and/or providing material support to an illegal alien, please be aware that under certain circumstances, this can lead to federal criminal charges and confiscation of your property (8 U.S. Code § 1324)
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The Law Offices of Gregory Krasovsky (Washington, DC) - http://www.krasovskylaw.com
Phone: +1-202-558-5287
Phone: 1-866-294-2354 Toll Free
Fax: +1-202-558-5346
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Immigration Law - http://krasovskylaw.com/individuals/immigration-law.html
Criminal Defense - http://krasovskylaw.com/individuals/criminal-defense.html
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Prior Post on this issue:
US DHS ICE Raiding Birth Tourism Locations in California catering to the Chinese?
Is ICE preparing a raid on Trump International and other luxury residences in Florida catering to Russian birth tourists?
The Law Offices of Gregory Krasovsky
January 12, 2018
https://www.facebook.com/krasovsky911/posts/2063329580571569
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U.S. Issues Rules Limiting Visas for Visits by Pregnant Women
QuickTake by Bloomberg
Jan 24, 2020
The Trump administration is tightening visa rules in a bid to stop foreign women from traveling to the U.S. with the sole purpose of giving birth so that their children will gain American citizenship, a phenomenon that has drawn the ire of conservative groups.
Starting Friday, U.S. consular officers overseas must deny visas to women coming to the country for that reason, the State Department said.
A department official, briefing reporters on condition of anonymity, said thousands of such births happen every year.
“The birth tourism industry threatens to overburden valuable hospital resources and is rife with criminal activity, as reflected in federal prosecutions,” White House spokeswoman Stephanie Grisham said in a statement.
“Closing this glaring immigration loophole will combat these endemic abuses and ultimately protect the United States from the national security risks created by this practice.”
The number of such births is a tiny fraction of the roughly 4 million babies born in the U.S. every year but has become a target of criticism by conservative groups, which argue that such “anchor babies” often are used to help other family members immigrate later and take advantage of U.S. services.
President Donald Trump has decried birthright citizenship, which is guaranteed by the U.S. Constitution, and said in October he may try to overturn it.
The move is the latest in a range of actions taken by the Trump administration to restrict immigrant inflows and could be targeted toward bolstering his political support before the November elections.
He’s also planning to add to a list of countries that face strict visa restrictions and has diverted billions of dollars in funding to build a border wall with Mexico.
Yet the new rule still has several loopholes. For example, consular officers have been told not to ask all female applicants if they’re pregnant, and pregnant women will still be admitted if they’re coming to the U.S. primarily for other medical treatment or to visit a sick relative.
Many U.S. visas are issued for 10 years, so it isn’t clear what measures U.S. officials could even take if a pregnant woman with a previously issued visa is traveling to the U.S. to give birth.
The State Department official also declined to explain how officers should determine whether a woman will give birth during her stay unless she says so on her application form, and wouldn’t say if visual cues -- such as the applicant appearing to be pregnant -- could serve as grounds to deny a visa.
The State Department’s new rule targets so-called B non-immigrant visas, which cover temporary travel to the U.S. for business or pleasure.
It also seeks to tighten rules on “medical tourism” by demanding that applicants show they’ll be able to pay for treatment.
Hong Kong Express Airways has already been caught up in concerns over birth tourism.
The airline apologized this month after a 25-year-old Japanese citizen said she was forced by the airline to take a pregnancy test in November to travel from Hong Kong to Saipan, a U.S. territory, according to NBC News.
The airline said it required the test after Saipan authorities had raised concerns.
The State Department official speaking to reporters on Thursday said the department wouldn’t require pregnancy tests for applicants.
https://www.youtube.com/watch?v=eufcLKagIIQ
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New Trump administration rule disallows use of visitor visas for "birth tourism"
Stef W. Kight
January 23, 2020
A new Trump administration regulation that will make it harder for some pregnant women to receive tourist visas, first reported by Axios, is now in the Federal Register and will go into effect on Friday.
Why it matters: It is one of the first efforts by the Trump administration to chip away at the ability of foreigners to take advantage of birthright citizenship.
The regulation officially disallows the use of visitor visas for birth tourism, although it leaves the enforcement of the change up to the discretion of a consular officer.
"The most troubling effect of this regulation is likely to be on women coming to the United States to give birth because of a medical need," wrote Migration Policy Institute's Sarah Pierce on Twitter.
The administration had considered a much broader regulation that would have applied to foreigners trying to come to the U.S. on temporary visas who a consular officer "reasonably expects" to give birth in the U.S, according to the final rule set to publish Friday.
"This rule represents the most narrowly tailored regulation to mitigate the threat," the rule reads.
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US imposes new 'birth tourism' visa rules for pregnant women
It is unclear how officials would determine if a pregnant woman is travelling to US primarily to give birth.
January 23, 2020
President Donald Trump's administration on Thursday published new visa rules aimed at restricting "birth tourism", in which women travel to the United States to give birth so their children can have a coveted US passport.
Applicants will be denied tourist visas if they are determined by consular officers to be coming to the US primarily to give birth, according to the rules in the Federal Register. It is a bigger hurdle to overcome, proving they are travelling to the US because they have a medical need and not just because they want to give birth in the country.
Those with medical needs will be treated like other foreigners coming to the US for medical treatment and must prove they have the money to pay for it - including transportation and living expenses.
The practice of travelling to the US to give birth is fundamentally legal, although there are scattered cases of authorities arresting operators of so-called birth tourism agencies for visa fraud or tax evasion. And women are often honest about their intentions when applying for visas and even show signed contracts with doctors and hospitals.
The State Department "does not believe that visiting the United States for the primary purpose of obtaining US citizenship for a child, by giving birth in the United States - an activity commonly referred to as 'birth tourism' - is a legitimate activity for pleasure or of a recreational nature," according to the new rules, which take effect Friday.
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U.S. to target 'birth tourism' with visa restrictions for pregnant women
AP
JAN 23, 2020
WASHINGTON – The Trump administration is coming out with new visa restrictions aimed at restricting “birth tourism,” in which women travel to the U.S. to give birth so their children can have a coveted U.S. passport.
The State Department planned to publicize the rules Thursday, according to two officials with knowledge of the plans who spoke to The Associated Press on condition of anonymity. The rules would make it more difficult for pregnant women to travel on a tourist visa. In one draft of the regulations, they would have to clear an additional hurdle before obtaining the visa — convincing a consular officer that they have another legitimate reason to come to the U.S.
The Trump administration has been restricting all forms of immigration, but the president has been particularly plagued by the issue of birthright citizenship — anyone born in the U.S. is considered a citizen, under the Constitution. He has railed against the practice and threatened to end it, but scholars and members of his administration have said it’s not so easy to do.
Regulating tourist visas for pregnant women is one way to get at the issue, but it raises questions about how officers would determine whether a woman is pregnant to begin with, and whether a woman could get turned away by border officers who suspect she may be just by looking at her.
Consular officers right now aren’t told to ask during visa interviews whether a woman is pregnant or intends to become so. But they would have to determine whether a visa applicant would be coming to the U.S. primarily to give birth.
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Trump's new visa rules target pregnant women travelling to US to give birth
Applicants will be denied tourist visas if they are determined by consular officers to be coming to the US primarily to give birth
Thu 23 Jan 2020 18.31 GMT
Regulating tourist visas for pregnant women raises questions about how officers would determine whether a woman is pregnant to begin with and whether a woman could get turned away by border officers who suspect she may be just by looking at her.
The Trump administration has published new visa rules aimed at restricting pregnant women travelling to the United States to give birth so their children can have US citizenship, a practice known as “birth tourism”.
Applicants will be denied tourist visas if they are determined by consular officers to be coming to the US primarily to give birth, according to the rules in the Federal Register. They will have to prove they are traveling to the US because they have a medical need and not just because they want to give birth here.
Children who are born in the US are automatically granted American citizenship, a right guaranteed by the 14th amendment of the constitution.
The practice of traveling to the US to give birth is fundamentally legal, although there are scattered cases of authorities arresting operators of birth tourism agencies for visa fraud or tax evasion. And women are often honest about their intentions when applying for visas and even show signed contracts with doctors and hospitals.
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Trump’s Next Immigration Target: Dismantling Birth Tourism
Written by Luis Miguel
Wednesday, 22 January 2020
The Trump administration is reportedly planning to go ahead with a new rule aiming to stop birth tourism, the practice in which pregnant foreign women come to the United States with the intention of giving birth here so their children will be born as U.S. citizens.
Three administration officials told Axios that the change sought by the administration would alter requirements for B visas, also known as visitor visas, granting officials the authority to deny short-term business and tourism visas if they think the process will be used as part of an automatic citizenship scheme.
One senior official said that consular officers who issue visas “are remarkably skilled at sussing out true versus false claims.”
“Rome wasn’t built in a day,” the official added. “Just the legal recognition that this is improper and wrong and not allowed is a significant step forward.”
The plans to deal with B visa use for purposes of birth tourism were included in the most recent version of the Unified Agenda of Federal Regulatory and Deregulatory Actions. Immigration experts anticipate the establishment of a similar rule for Customs and Border Protection to go along with the State Department regulation.
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Pregnant Travelers Would Have A Harder Time Getting US Tourist Visas Under A Trump Administration Plan
“This is mostly symbolic and another way to say the US is closed,” one analyst said.
Posted on January 21, 2020, at 4:03 p.m. ET
The Trump administration has drafted plans to make it more difficult for pregnant individuals from foreign countries to obtain tourist visas, according to draft government documents obtained by BuzzFeed News.
The Trump administration has, since its early days, taken efforts to restrict immigration in all forms, including whole-scale changes to the asylum system and bans on those traveling from certain countries. The latest effort, if instituted, would appear to be an attempt to target another focus of those advocating to restrict immigration: “birth tourism.”
A draft rule and draft guidance drawn up for State Department officers at embassies across the world would make it so anyone attempting to travel on a tourist visa to the US while they could give birth would be forced to clear an additional hurdle: convincing a consular officer they have another legitimate reason to come to the US.
“Under this rule, if a consular officer has reason to believe a B nonimmigrant visa applicant will give birth in the United States, the applicant is presumed to be seeking a visa for the primary purpose of obtaining US citizenship for the child,” a draft rule obtained by BuzzFeed News reads. “To rebut this presumption, the visa applicant must establish, to the satisfaction of a consular officer, a legitimate primary purpose other than obtaining US citizenship for a child by giving birth in the United States.”
https://www.buzzfeednews.com/article/hamedaleaziz/pregnant-birth-tourism-visa-documents
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Scoop: "Birth tourism" is Trump's next immigration target
Stef W. Kight, Jonathan Swan
Jan 20, 2020
The Trump administration has a new target on the immigration front — pregnant women visiting from other countries — with plans as early as this week to roll out a new rule cracking down on "birth tourism," three administration officials told Axios.
Why it matters: Trump has threatened to end birthright citizenship and railed against immigrant "anchor babies."
The new rule would be one of the first tangible steps to test how much legal authority the administration has to prevent foreigners from taking advantage of the 14th Amendment's protection of citizenship for anyone born in the U.S.
"This change is intended to address the national security and law enforcement risks associated with birth tourism, including criminal activity associated with the birth tourism industry," a State Department official told Axios.
The regulation is also part of the administration's broader efforts to intensify the vetting process for visas, according to another senior administration official.
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Trump Administration on "Birth Tourism"
Newsy
Jan 21, 2020
The administration reportedly wants to crack down on women traveling to the U.S. to give birth in order to gain U.S. citizenship for the child.
https://www.youtube.com/watch?v=TMC3ZyPmgUo
Learn more about this story at https://www.newsy.com/97197/
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Birth tourism controversy: Foreign women travel to deliver babies, gain U.S. citizenship for newborn
May 23, 2019
ABC 7 Chicago
Birth tourism has sparked debate over who is entitled to U.S. citizenship.
https://www.youtube.com/watch?v=copr7y6w8tg
FULL STORY HERE: https://abc7.ws/2EoeeWs
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Why Rich Russian & Chinese Pregnant Women Travel to the US to give Birth
Alux.com
May 14, 2019
Why Rich Russian & Chinese Pregnant Women Travel to the US to give Birth | Places
In this Alux.com video we'll try to answer the following questions:
What is birth tourism?
Is birth tourism legal?
Why do rich people travel to US to give birth?
How does birth tourism work?
How much does birth tourism work?
How big is birth tourism?
Are there any services dedicated to birth tourism?
Why do people choose US to give birth?
What are the most commong birth tourism destinations?
https://www.youtube.com/watch?v=t2KXgeIUFz0
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What is birthright citizenship -- and can Donald Trump get rid of it? | With Chris Cillizza
CNN
Nov 1, 2018
President Donald Trump wants to get rid of birthright citizenship. Is Trump being serious or are his sentiments purely political?
https://www.youtube.com/watch?v=V2jzABGerpM
SOURCES AND FURTHER READING:
Trump’s interview with Axios, explaining his executive order plan
#TBT to that Ted Cruz citizenship controversy
Some facts about birthright citizenship around the world
Ye olde 14th amendment https://bit.ly/2lvunOp
Refresher on Dred Scott v. Sandford https://bit.ly/1TvGmd4
Crash course on United States v. Wong Kim Ark https://bit.ly/2EQO950
The Immigration Stabilization Act https://bit.ly/2CVciVn
Harry Reid’s “mistake” https://cnn.it/2P6FsIv
Trump talking citizenship during the campaign https://cnn.it/2MGNkiH
Did Trump find a loophole? https://bit.ly/2ETAtpQ
Not so fast, according to Speaker of the House Paul Ryan https://cnn.it/2OgbIDJ
What’s going on with the migrant caravan https://bit.ly/2JwIzTY
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Trump wants to end birthright citizenship in the U.S.
CBC News
Oct 30, 2018
President Donald Trump says he wants to order the end of birthright citizenship, the constitutional right to citizenship for babies of non-citizens and unauthorized immigrants born in the United States.
https://www.youtube.com/watch?v=9Jlh2AzYp8E
To read more: http://cbc.ca/1.4883589
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Miami Is Gaining Popularity As a Major Birth Tourism Destination
VOA News
Apr 11, 2018
Mild climate, warm ocean temperatures, buzzing nightlife – Miami has been a favorite tourist destination for Eastern Europeans for years. But lately, many of those coming to The Sunshine State have been bringing home much more than a beautiful tan, as Russians and Ukrainians come to the city to give birth, so that their babies are US citizens. VOA’s Mariia Prus has more.
https://www.youtube.com/watch?v=QG-MNiYeI-k
Originally published at - https://www.voanews.com/a/4341767.html
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Donald Trump's take on birthright citizenships (CNN interview with Chris Cuomo)
CNN
Aug 20, 2015
Republican candidate Donald Trump speaks to CNN's Chris Cuomo about his views on birthright citizenship and the upcoming visit of Pope Francis.
https://www.youtube.com/watch?v=axpQrI0QAgk
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Russians Flock to Trump Properties to Give Birth to U.S. Citizens
Published Sep. 06, 2017 10:50PM ET
While the president rails against children of undocumented immigrants, wealthy Russians rent his condos—at huge costs—so they can have American kids.
While Trump rails against U.S.-born children of undocumented immigrants, his Florida properties have become a playground for birth tourists from Russia’s upper crust. The Daily Beast has discovered several companies are advertising rentals in Trump properties to expectant Russian parents. While the Trump Organization does not directly profit from subleases of privately owned condos, it does benefit from Russian patronage of the nearby Trump International Beach Resort. (The Trump Organization did not return requests comment.)
https://www.thedailybeast.com/russians-flock-to-trump-properties-to-give-birth-to-us-citizens
Birth tourism is a booming industry thanks to the growing middle- and upper-class in Russia and China. These families have no plans to work in the U.S. or pay U.S. taxes as their child grows. Rather, U.S. citizenship is an extra security blanket that the wealthy give themselves after months-long vacations on Miami’s beaches. It also gives their kids a shot at financial aid at U.S. schools and easier access to jobs in the U.S.
After the child turns 21, he or she can also apply for family reunification, to get her parents and non-citizen siblings green cards to come to the U.S.
https://www.thedailybeast.com/russians-flock-to-trump-properties-to-give-birth-to-us-citizens
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Pregnant Russians Are Going to Florida to Give Birth in Warm Weather
Mothers-to-be are crowding the shores of Miami.
Av Erin Meisenzahl-Peace
2014 10 16, 4:00am
At least a handful of pregnant Russian women board every flight from Moscow to Miami, according to Miami real estate agent Axxx Kxxx. Kronfeld knows this because his realty company helps the expecting Eastern Europeans find three-to-five month leases in South Florida so they can give birth in warm weather.
Expecting mothers from Russia and other former Soviet-bloc countries are crowding the shores of North Miami and Sunny Isles Beach – also known as the "Russian Riviera" – and hiring bilingual companies,..., to find them short-term leases and high-quality medical care before they jet back to Putin's paradise.
...
"Never paid a single dollar of tax in the United States or worked a day here? We will confer citizenship on your child nevertheless", conservative commentator A. J. Delgado wrote for the National Review in May. Delgado believes the mothers abuse the 14th Amendment, which enables the dual citizenships of these babies based on jus soli rights – to be a US citizen, the only requirement is that you be born on our soil.
...
Miami's residents disagree on the motives behind the booming industry. As I ate pickled watermelon and Russian "salads" (a.k.a. vegetables soaked in vinegar) at the Matryoshka Deli in Sunny Isles, I asked locals what they thought about birth tourism.
"It's a big fuckin' business", said the silver-haired man across from me as he sipped his midday beer. The Russian man sitting next to me had a different explanation: "They see palms. In Russia, we don't have palms", he said.
https://www.vice.com/sv/article/yvq7gj/miami-matryoshkas-0000463-v21n10
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Wealthy Russians are flocking to give birth at Trump’s luxury US resorts so their kids can have dual-citizenship
HARRIET PAVEY
Thursday 7 September 2017 12:45
The Trump International Beach Resort is one of the popular holiday destinations for Russian parents looking to give birth to dual-citizens
While President Trump cracks down on the children of undocumented migrants, wealthy Russians are using his properties to secure dual-citizenship for their babies.
The President's Florida properties are a Russian birth tourism hotspot, according to a Daily Beast investigation. Trump resorts are a popular choice for birth tourism companies, who offer luxury holidays to help expectant Russian parents secure dual Russian and American citizenship for their baby by giving birth in the US.
Russian birth tourism companies are offering Trump apartments as part of packages costing £57,000 ($75,000) plus, as well as medical care, the Daily Beast found.
The Trump Organisation does not directly profit from birth tourism subleases of privately owned apartments, but £75m ($98m) worth of Trump's property is now owned by Russian investors.
Dual-citizenship gives children born in the US to foreign parents easier access to education and jobs in the country, as well as the opportunity to apply for green cards for the rest of their family when they turn 21.
In his presidential campaign, Trump argued that children born to undocumented parents, like those born through birth tourism, don’t have a legal right to citizenship.
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ICE Overview
U.S. Immigration and Customs Enforcement (ICE) enforces federal laws governing border control, customs, trade and immigration to promote homeland security and public safety.
ICE was created in 2003 through a merger of the investigative and interior enforcement elements of the former U.S. Customs Service and the Immigration and Naturalization Service.
ICE now has more than 20,000 employees in more than 400 offices in the United States and 46 foreign countries.
The agency has an annual budget of approximately $6 billion, primarily devoted to two operational directorates — Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI).
These two operational directorates are supported by Management and Administration (M&A) and Office of the Principal Legal Advisor (OPLA) to advance the ICE mission.
https://www.youtube.com/watch?v=nAAWqBLTiwc
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ICE Overview with the "The Imperial March" (From "The Empire Strikes Back")
Apr 2, 2017
https://www.youtube.com/watch?v=RZIUR-Ey9M0
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