Maternity Tourism

iVillage Member
Registered: 09-11-2007
Maternity Tourism
Fri, 03-25-2011 - 10:20am

A good reason to change the 14th amendment or not?

Personally I think it is time. Make at least one parent be a legal resident.

SAN GABRIEL, Calif. – For months, neighbors noticed a number of pregnant Asian women coming and going at all hours at an upscale townhouse development in suburban Los Angeles.

They finally found out the home was being used as a maternity center for Chinese mothers paying thousands of dollars to give birth in the United States so their children would automatically gain citizenship, city officials said.

The discovery of the center where women stayed before and after delivering their babies at local hospitals was unusual and a possible sign that birthright citizenship is being exploited as a lucrative business, an immigration activist said.

"What this could suggest is ... they're taking it to the next step," said Mark Krikorian, executive director of the Center for Immigration Studies, which advocates stricter limits on immigration. "Whoever is organizing this type of operation is buying or leasing a home to become a clearing house. That's a serious problem."

But it's not illegal.

Women from other countries have long traveled to the U.S. legally on tourist or student visas and given birth because U.S. law automatically entitles children born on U.S. soil to citizenship.

While some stay under the false assumption that they too can gain citizenship if their child is U.S.-born, many return to their home countries convinced a U.S. birth certificate will afford their child more opportunities in the future.

Often, the women are wealthy and able to pay the steep costs of the trip and medical care.

Krikorian noted that some travel agencies abroad are known to arrange such trips for individuals but not to specialized clinics such as the one in San Gabriel.

Officials in the suburb that's home to a large Asian population shut down the house for building code violations earlier this month after receiving a complaint about excessive noise, overcrowding and possible building permit violations, said Clayton A. Anderson, the city's neighborhood improvement services manager.

Inspectors found seven newborns being kept in clear plastic bassinets in a kitchen converted to a nursery.

"There was a woman there who said she was a nurse but she kind of scrambled away when we got there," Anderson said.

Just two mothers answered their bedroom doors when inspectors visited, he said. They told inspectors that they were Chinese and Taiwanese nationals and spoke little English. Other mothers were out shopping.

The mothers told officials their families had paid to send them to the United States to give birth, Anderson said. He did not know how much the trips had cost.

After being interviewed by county child welfare workers, the women and babies were taken to another location since the townhomes were deemed unsafe for occupancy because structural walls had been breached.

The three homes, part of a five-unit condo development on a quiet residential street, had adjoining inside walls removed, and rooms were divided so mothers had separate spaces, Anderson said.

Immigration and Customs Enforcement did not plan to investigate because the case did not involve fraudulently obtained visas, agency spokeswoman Virginia Kice said.

Republican lawmakers have moved to limit automatic citizenship for children born in the U.S. Earlier this year they said they hoped to trigger a Supreme Court review of the Constitution's 14th Amendment or force Congress to take action with legislation they drafted on the issue.

Iowa Republican Rep. Steve King sponsored a bill that would limit automatic citizenship to people with at least one parent who is a citizen, a legal permanent resident or served in the military, but there has been little movement on the legislation since it was introduced.

Some states, too, have tried to take steps to limit birthright citizenship. Last week, Arizona's state Senate rejected illegal immigration bills that included measures intended to produce a U.S. Supreme Court ruling on who is entitled to U.S. citizenship at birth under the 14th Amendment.

Rep. Judy Chu, a Democrat who represents El Monte in Southern California, said traveling to this country to give birth is not a common practice and defended automatic citizenship for children born in the U.S.

"The 14th Amendment is fundamental to the U.S. and too important to change because of the practice of a few," she said. "It would be a severe disservice to our nation if millions of immigrants are painted with the same brush."

Chapman University law professor Maria Cianciarulo, who specializes in immigration, said she's never heard of a specialized maternity house, noting that birthing tourism is a tiny fraction of the flow of immigrants and tourists into the United States.

Workers at the San Gabriel house were busy Thursday restoring it to its original state as ordered by the city.

Property manager Dwight Chang was fined $800 for construction without a permit and operating a business in a residential zone. He told city officials that he had rented the townhomes to a woman. A phone message left at Chang's business, Ta Way Development in Arcadia, was not immediately returned.

Neighbor Yolanda Alvarez said she was suspicious after noticing so many pregnant women at the home.

"Different faces every day, but they were all Asian. They were all the same size, with big bellies," Alvarez said. "I asked them at one point, `Sisters? Family?' and they said, `No English.'"

Another neighbor William Padgett said the noise from cars in the middle of the night bothered a lot of residents. "I knew something from the get-go was going on," he said. "There was a lot of coming and going."

Mayor David Gutierrez said he understood why some foreign citizens would wish to have their children in the U.S.

"They should certainly be commended for looking at the future welfare of their children but we need to be very careful that as a result it doesn't impact services and quality of life that we provide for U.S. residents," he said.

Avatar for rollmops2009
iVillage Member
Registered: 02-24-2009
Sat, 03-26-2011 - 6:06am

I know several European kids, whose parents decided to have them born in the US for the sake of the passport. The parents are not interested in living in the US, but have lived there before and want to spare their kids the considerable immigration hassles they had to deal with, should the kids want to go study or work in the US. They basically consider it a simple and cheap way to give the kid additional options.

However, given the cost of doing this, I somehow doubt that it is a major problem. Also, since these kids are perfectly legal, I am not sure what the problem is really. One thing they will never be is an illegal immigrant. Of course, I also know several kids like this who eventually resigned their US passports for tax reasons. Apparently there are some distinct tax disadvantages, because of a bad tax code for ex-pats. My own kid has three passports, one of them a US one (by soil and by blood). She may end up resigning it for the same reason. So win some, lose some you might say.

iVillage Member
Registered: 03-03-2009
Sat, 03-26-2011 - 9:48pm

I live in New Mexico where the new Republican governor decided that illegal immigrants having access to drivers' licenses was her hot button issue.


Avatar for rollmops2009
iVillage Member
Registered: 02-24-2009
Sun, 03-27-2011 - 3:54am

Thing is, actual "anchor babies" are different from the kid of an upscale Italian business man, for example, being born in NY or Boston so he won't have the hassle of applying for a student visa if he goes to Harvard one day.

If the babies are meant to collect WIC and eventually sponsor the parents for green cards 25 years down the road, the family living illegally in the US meanwhile, that is quite a different problem, as far as I can see. I don't know, however, how widespread it really is.

Avatar for rollmops2009
iVillage Member
Registered: 02-24-2009
Sun, 03-27-2011 - 12:42pm

Thanks for posting that. I was wondering how many kids we were talking about. Obviously the wealthy Chinese or Europeans who practice "maternity tourism" are a speck of dust in comparison and not where the problem, if it is one, lies.

Interestingly several European countries are moving closer to jus soli these days, the argument being that it is simply impractical and counterproductive to handle the matter any other way. If a child is born and has grown up in a country, it is not realistic to send him "home," and you can't hope ot make him a good citizen if you do not give him citizenship.

However, Europe also does not have the rampant illegal immigration that the US does, although it is increasing. IOW, if kids are born of foreign-born parents, those parents usually have some kind of legal status.

iVillage Member
Registered: 01-10-2011
Mon, 03-28-2011 - 11:06am
Agree with rollmops here, the scenario in the article is probably more for shock value than anything, when the real bulk of the problem is not around maternity tourism. Still, I think it brings up a valid question. I don't think being born in a country solely justifies citizenship status, but imposing other regulations here is, as rollmops states, impractical.
iVillage Member
Registered: 03-03-2009
Wed, 03-30-2011 - 11:58am

The ends don't really factor in.