O'Brien discusses birth tourism's national security risks and current US policy gaps

February 26, 2025 | Judiciary: House Committee, Standing Committees - House & Senate, Congressional Hearings Compilation


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O'Brien discusses birth tourism's national security risks and current US policy gaps
The U.S. House Committee on the Judiciary convened on February 26, 2025, to address pressing concerns surrounding birthright citizenship and the implications of birth tourism. A significant focus of the meeting was the practice of foreign nationals traveling to the United States on tourist visas to give birth, thereby granting their children U.S. citizenship under the Fourteenth Amendment. This practice, often referred to as "birth tourism," raises critical national security and immigration policy questions.

Committee members highlighted alarming statistics, estimating that between 125,000 to 300,000 instances of birth tourism occur annually. Concerns were raised about the potential for these practices to be exploited, particularly by nationals from adversarial nations, such as China. The discussion included references to historical precedents, drawing parallels to Cold War tactics where foreign agents could gain citizenship and potentially act against U.S. interests.

Mr. O'Brien, a key witness, emphasized the need for a robust federal policy to combat these practices, which he described as akin to "renting wombs" for surrogacy. He pointed out that current immigration laws are ineffective if not enforced, and the misinterpretation of the Fourteenth Amendment allows foreign nationals to exploit U.S. citizenship laws. The committee expressed a consensus that this situation poses a significant risk to national security, particularly given China's involvement in international surrogacy despite its own ban on the practice.

The meeting underscored the urgent need for legislative action to clarify and strengthen policies regarding birthright citizenship and birth tourism. As the committee continues to explore these issues, the implications for U.S. immigration policy and national security remain a critical area of focus. The discussions signal a potential shift towards more stringent regulations aimed at safeguarding the integrity of U.S. citizenship laws and addressing the challenges posed by birth tourism.

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