Sec. 2. Grounds for inadmissibility to, and removal from the United States for engaging in birth tourism
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Section 212(a)(2)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(F) ) is amended to read as follows: Any alien convicted of, who admits to having committed, or who admits committing acts which constitute the essential elements of, an offense described in section 274E, 274F, or 275(e) or an offense described in section 1546A of title 18, United States Code, is inadmissible. An alien is inadmissible if such alien— is not lawfully admitted to the United States as a permanent resident; or has not lawfully maintained lawful permanent resident status (such status not having been abandoned, rescinded, or terminated); and based on the reasonable judgment of the Secretary of Homeland Security, the Secretary of State, or a consular officer— is seeking to enter or reenter the United States to engage in birth tourism and undermine the sovereignty of the United States or its territories or outlying possessions by giving birth to a child on United States soil; or is likely to give birth to a child within 10 months of entry if such alien is admitted to, or while in the United States or its territories or outlying possessions and, as a result, obtain United States citizenship for such child based on the child’s birth on United States soil; or as determined by the Secretary of Homeland Security or the Attorney General— has engaged in birth tourism; or while physically present in the United States or its territories or outlying possessions, is likely to give birth to a child and, as a result, obtain United States citizenship for such child based on the child’s birth on United States soil.
The grounds of inadmissibility specified in this subparagraph may not be waived. An alien who is inadmissible under this subparagraph is not be eligible for parole into the United States under section 212(d)(5) or for conditional parole under section 236. . Section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) ) is amended— by redesignating subparagraph
(F)as subparagraph (G); and by inserting after subparagraph
(E)the following: An alien is deportable if such alien— is not lawfully admitted to the United States as a permanent resident; or has not lawfully maintaining lawful permanent resident status (such status not having been abandoned, rescinded, or terminated); and has been convicted of an offense under section 274E, 274F, or 275(e) or under section 1546A of title 18, United States Code; or is described in section 212(a)(2)(F). The grounds of deportability specified in clause
(i)may not be waived. An alien who is deportable under clause
(i)is not be eligible for parole into the United States under section 212(d)(5) or for conditional parole under section 236. .
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Sec. 2
Grounds for inadmissibility to, and removal from the United States for engaging in birth tourism
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