Sec. 6. Criminal penalties for facilitating birth tourism
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Chapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. ) is amended by adding at the end the following: It shall be unlawful for any person to knowingly— forge, counterfeit, alter, falsely make, or attempt to forge, counterfeit, alter, falsely make any document; provide an alien any forged, counterfeit, altered, or falsely made document; or prepare, file, or assist an alien with an application for a visa, travel document or other immigration benefit under this title; or Any individual described in subsection (a), shall be fined under title 18, United States Code, imprisoned for not less than 10 years, or both.
Any person, who knowingly— embezzles, steals, or otherwise without authority converts to the use of any person other than the rightful owner; or misapplies any of the moneys, funds, securities, premiums, credits, property, or other assets of a Federal health care program, to facilitate, engage in, encourage, solicit, or advertise to an alien any services related to birth tourism (regardless of whether such services, or a portion of such services, were initiated inside or outside the United States), to allow such alien to enter or remain in the United States, its territories or outlying possessions, solely to give birth to a child on United States soil in order to obtain United States citizenship for a child, shall be fined under title 18, United States Code, and imprisoned for not less than 10 years, or both.
Whoever knowingly executes, or attempts to execute, a scheme or artifice to— to defraud any Federal healthcare program; or to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any Federal healthcare program, in connection with the delivery of or payment for health care benefits, items, or services, for the purpose of allowing an alien to give birth to a child on United States soil in order to obtain United States citizenship for such child, shall be fined under this title or imprisoned not more than 10 years, or both.
As used in this section, the term Federal healthcare program has the meaning given such term in section 1302a–7b(f) of title 42, United States Code. . Section 275 of the Immigration and Nationality Act, 8 U.S.C. 1325 , is amended by— revising the title of the section to read: . Improper entry by alien; fraud and evasion of immigration laws adding a new subsection
(e)to read as follows: Any individual who— commits any act that the individual knows or reasonably should have known provides an alien with housing, transportation, food, medical care, or travel via any mode to the United States, its territories or outlying possessions; commits any act that the individual knows or reasonably should have known allows an alien to receive any financial support, including expenses associated with food, medical care, housing, and transportation, that will allow the alien to enter the United States, its territories or outlying possessions, or attempt to enter the United States, its territories or outlying possessions; or conspires to assist an alien to enter the United States, its territories or outlying possessions, under false pretenses, through fraud, or material misrepresentations in a visa application or other entry document, to obtain United States citizenship for the alien’s child, shall be fined imprisoned for not less than 10 years and not more than 25 years, or both. . Title 18 of the United States Code is further amended by adding a new section 1546A to read as follows: Any person who knowingly— aids or assist any alien to enter the United States, its territories or outlying possessions, or to physically remain in the United States, its territories or outlying possessions, regardless of the alien’s manner of entry; conspires or connives, or attempts to conspire or connive to aid or assist any alien to enter the United States, its territories or outlying possessions, or to physically remain in the United States, its territories or outlying possessions; or conspires or connives, or attempts to conspire or connive with any other person or persons to aid or assist any alien to enter the United States, its territories or outlying possessions, or remain in the United States, its territories or outlying possessions, for the purpose of giving birth to a child in the United States, its territories or outlying possessions, so that such child can obtain United States citizenship at birth, shall be imprisoned for a minimum of 10 years and fined $100,000 for each alien such person aided or assisted. .
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