The U.S. is denying visas to foreign visitors suspected of traveling to give birth in the country – a practice known as birth tourism. But a CNMI-based attorney said the policy clashes with birthright citizenship in the Constitution.
Consular officials have the authority to deny a visitor visa if they believe the applicant intends to travel to the U.S. for the primary purpose of giving birth.
Immigration attorney Joey McDoulett, based in the CNMI, is critical of this policy.
“The Constitution is pretty clear about birthright citizenship, and I'm confident that the courts will also uphold that,” McDoulett said. “Our country is built on this idea that people who are born here are U.S. citizens.”
According to the State Department, the policy helps prevent misuse of public resources tied to birth tourism.
