What is birth tourism? How US decision to scrap birthright citizenship will affect Indians?

United States: With the Trump administration in the United States ending birthright citizenship, many families who opt for birth tourism have to look for new countries to get citizenship for their children.

What is Birth Tourism?

Birth tourism refers to the practice of traveling to another country specifically to give birth so that the child can acquire citizenship of that country. This often takes advantage of countries that offer jus soli (birthright citizenship), meaning anyone born on their soil automatically becomes a citizen, regardless of the parents' citizenship.

People from Latin American countries such as Mexico, Venezuela, Guatemala, and India take a major share in crossing US borders illegally which include pregnant women for American citizenship.

According to the report published by the Department of Homeland Security in 2024, around 220,000 unauthorized Indian immigrants lived in the US as of 2022.

What is Birthright citizenship?

Birthright citizenship means anyone born in the United States automatically becomes an American citizen. It’s been in place for decades and applies to children born to parents in the country illegally or in the U.S. on a tourist or student visa who plans to return to their home country.

Earlier, the United States used to grant automatic citizenship to anyone born on U.S. soil. However, after the end of birthright citizenship by Trump, children of non-citizens or non-permanent residents will not be US citizens anymore.

Trump officially signed off on the Executive Order at the White House after becoming the 47th commander-in-chief, remarking, “That’s a big one". People have wanted to do this for decades.” as he affixed his signature.

However, a US District Judge temporarily blocked the order, suspending its enforcement nationally for 14 days.

Why Parents Choose Birth Tourism?

Through this, children can citizenship benefits, such as access to better education, healthcare, or employment opportunities for the child in the future. Further, the child's citizenship may later facilitate immigration for parents or other family members.

Is this affecting the Indian Parents?

Gone are those days when Indian moms were coming to India for delivery. Over the years, getting babies delivered in the US has become a trend. Many pregnant woman who are on temporary visas like H 1B have opted for delivery in the US so that their babies will get citizenship.

According to the Democratic-led states, over 1.5 lakh newborn children would be denied citizenship annually if Trump's order is allowed to stand. According to the Carnegie Endowment for International Peace, 5.2 million people of Indian origin reside in the US.

Indian Americans second largest immigrant group:

Indian citizens accounted for almost three-fourths of the 386,000 H-1B visas granted in 2023, according to official data.

According to a report by Bloomberg, the US has identified around 18,000 illegal Indian migrants to be sent back home, for which India will verify and start the process of deportation. Youth from western India, in particular the states of Punjab and Gujarat, are believed to constitute a majority of the undocumented immigrants in the US.

Which other countries opted for Birth Tourism?

Canada is among the top destinations for birthright citizenship, offering children born on its soil automatic citizenship. This privilege applies regardless of the parents’ nationality or immigration status, making Canada a magnet for families looking to secure a brighter future for their children.

A Canadian passport provides visa-free or visa-on-arrival access to 188 countries.

Other countries are Brazil, Mexico, Argentina, New Zealand, Spain, and Portugal.

Legal and Ethical Concerns:

Some countries view birth tourism as exploiting their immigration systems. Efforts have been made to tighten visa regulations and address concerns. Ethical debates arise over the fairness of birthright citizenship for visitors versus long-term residents.

A month ago, a California man was sentenced Monday to nearly 3 1/2 years in prison for running an extensive business that helped pregnant Chinese women travel to the United States to deliver babies who would automatically have American citizenship.