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[Piecake]

Fiona He gave birth to her second child, a boy, on Jan. 24, 2015, at Pomona Valley Hospital in Southern California. The staff was friendly, the delivery uncomplicated, and the baby healthy. He, a citizen of China, left the hospital confident she had made the right decision to come to America to have her baby.

She’d arrived in November as a customer of USA Happy Baby, one of an increasing number of agencies that bring pregnant Chinese women to the States. Like most of them, Happy Baby is a deluxe service that ushers the women through the visa process and cares for them before and after delivery.

There are many reasons to have a baby in the U.S. The air is cleaner, the doctors generally are better, and pain medication is dispensed more readily. Couples can evade China’s one-child policy, because they don’t have to register the birth with local authorities. The main appeal of being a “birth tourist,” though, is that the newborn goes home with a U.S. passport. The 14th Amendment decrees that almost any child born on U.S. soil is automatically a citizen; the only exception is a child born to diplomats. He and her husband paid USA Happy Baby $50,000 to have an American son. If they had to, she says, they’d have paid more.

After the birth, He observed yuezi, the traditional month of recovery for new mothers. She, her mother, and her 2-year-old daughter stayed in Rancho Cucamonga, a city about 40 miles east of Los Angeles. Her apartment, in a complex with a pool, fitness center, and mountain views, was rented by USA Happy Baby. Her nanny was supplied by USA Happy Baby. She ate kidney soup and pork chops with green papaya prepared by a USA Happy Baby cook. She secured her son’s U.S. birth certificate, passport, and Social Security card with USA Happy Baby’s assistance.

Homeland Security and the IRS have been investigating the growing business of “birth tourism,” which operates in a legal gray area, since last June. The industry is totally unregulated and mostly hidden. Fiona’s apartment was one of more than 30 baby safe houses that HSI agents and local law enforcement searched in Southern California that day in March. They came with translators and paramedics, almost 300 people in all. The investigators focused on three agencies—USA Happy Baby, You Win USA Vacation Resort, and Star Baby Care—using a confidential informant, undercover operations, and surveillance, according to three affidavits.

Homeland Security declined to discuss the investigation because it is ongoing, but Claude Arnold, the agent in charge, says: “Visa fraud is a huge vulnerability for the country. These women allegedly lied to come have a baby. Other people could come to do something bad. We have to maintain the integrity of the system.” After the raids, which were covered by local media, agents received dozens of tips about other possible “birth hotels.”
The U.S. and Canada are the only developed countries that grant birthright citizenship. For those who believe U.S. immigration policies are too generous, birth tourism has become a contentious issue. “It’s like somebody giving birth in your living room and saying they’re part of your family,” says Ira Mehlman, the spokesman for the Federation for American Immigration Reform.

http://www.bloomberg.com/news/artic...rists-and-the-business-of-being-born-american

I am all for giving citizenship to people who were born in America, but this just seems like blatant abuse.

 

[King Cobra]

This is clear abuse, and also still goes to show how american citizenship is still something that is very sought after despite what people online would like you to believe.

And no it shouldn't be.

 

[BertramCooper]

Yes.

 

[Redd]

Whoa so only USA and Canada really do this. That's weird, say I was born in France and something happened to my parents. Do you get deported?

 

[Deleted member 231381]

Whoa so only USA and Canada really do this. That's weird, say I was born in France and something happened to my parents. Do you get deported?

What do you mean by "something happened"?

 

[Redd]

What do you mean by "something happened"?

They abandon me or die in some freak accident.

 

[Barzul]

Of course they should. The benefit is to the child not the mother per say. These children could still very well go on to become contributing members of American society. By not granting the children citizenship you're essentially punishing them for the sins of their parents. What they should do is crack down on these schemes that are doing it for profit. Every natural born American bar the natives has benefited in some way from the 12th amendment and it's not like the country is in any danger of becoming overpopulated.

 

[Littlefang]

What about the Americans who go to Canada to have their baby because the hospital bill will be cheaper for them?

 

[Coolluck]

No, I could have sworn there were practices in place to not let over pregnant women who were about to give birth.

On a more positive note, the system needs to be revamped so that this can easily be done legally. It's ridiculous that it hasn't been revamped yet.

 

[Barzul]

What about the Americans who go to Canada to have their baby because the hospital bill will be cheaper for them?

This is a thing?

 

[Eye for an Eye]

This is nothing new, many women have come here so their child can move to America as an adult to start a better life.

Generally, the government tries to prevent travel within the last month of pregnancy for this reason, but if they come early enough, then they can get away with it.

But who knows how many actually return as an adult and if it's worth it.

 

[Erin S Kittens]

Fuck nations, fuck borders.

 

[Mxrz]

They're basically selling citizenship for $50k?

Don't like the idea of people profiting like that.

 

[snap0212]

Is there another reason why this might be problematic aside from 'umm, this just doesn't feel right"?

I have to admit that this sounds a bit strange, but I personally can't come up with a good reason why it'd be a bad thing.

 

[RustyNails]

As someone who just got citizenship after a decade of struggle and constant fear of USCIS despite being absolutely legal in every way, I definitely feel that this is cheating the system.

 

[Blue Lou]

Whoa so only USA and Canada really do this. That's weird, say I was born in France and something happened to my parents. Do you get deported?

I saw one of those tacky "Border security" tv shows and there was a guy who was born to a Polish mother in Poland and moved to USA at a young age (months old). He was now around 22 years old and still not a US citizen, it was found he had a conviction upon re-entering USA. He had to be referred to a judge who would decide whether he could stay in the USA - his home of 20+ years or be deported to Poland. The show never revealed the outcome.

It seemed so harsh.

 

[Saprol]

Of course they should. The benefit is to the child not the mother per say. These children could still very well go on to become contributing members of American society.

He’s daughter was born in America as well. He and her husband, educated in Britain and from prosperous families, hoped to send their children to an international school in Shanghai that admits only foreign students. When the kids turn 21 they can petition for green cards for their parents, too.

They're using a technicality to eventually get themselves into the US too instead of the typical means.

 

[BennyBlanco]

Nope.

 

[entremet]

Fuck nations, fuck borders.

This makes no sense.

You're reaping the benefits of this setup even though you disagree with it.

 

[Valhelm]

As much as I despise the use of "anchor baby" rhetoric as a way to restrict the rights of Mexican immigrants, this is a pretty clear abuse of the system. I'm not sure what should be done about it.

 

[norm9]

The more the merrier.

 

[Barzul]

They're using a technicality to eventually get themselves into the US too instead of the typical means.

How so? You have to be at least 21 years to sponsor a parent to become a green card holder. Doesn't make any sense that they'd wait that long if their real plan was to immigrate here, these people aren't doing it for themselves, the real benefit is to the children. If someone can afford to spunk 50 grand on a birth tourist trip, their lives can't be that bad to me just saying.

edit: I just read the quote you had under, I don't see how waiting 21 years to immigrate to a country is gaming the system....that's a fucking long time.

 

[Dude Abides]

As much as I despise the use of "anchor baby" rhetoric as a way to restrict the rights of Mexican immigrants, this is a pretty clear abuse of the system. I'm not sure what should be done about it.

Abuse of what? The Constitution? Do some unborn children have a moral right to US citizenship that others don't?

 

[Jarate]

I dont see the problem with it. It's more proof that people want to live here and it's more likely for the kid to come to america and come to our school and eventually possibly acclimate themselves.

 

[Makai]

It's in the Constitution, so yeah.

 

[Piecake]

Of course they should. The benefit is to the child not the mother per say. These children could still very well go on to become contributing members of American society. By not granting the children citizenship you're essentially punishing them for the sins of their parents. What they should do is crack down on these schemes that are doing it for profit. Every natural born American bar the natives has benefited in some way from the 12th amendment and it's not like the country is in any danger of becoming overpopulated.

Why would not granting American Citizenship to the baby punish the baby when the rich parents are going to fly him back to China or wherever after he/she is old enough to fly on a plane?

 

[Manmademan]

Of course they should. The benefit is to the child not the mother per say. These children could still very well go on to become contributing members of American society. By not granting the children citizenship you're essentially punishing them for the sins of their parents. What they should do is crack down on these schemes that are doing it for profit. Every natural born American bar the natives has benefited in some way from the 12th amendment and it's not like the country is in any danger of becoming overpopulated.

If you're going to go that route, isn't not granting citizenship to children brought over by their parents of ANY age, not just birth "punishing them for the sins of their parents?" couldn't they all very well go on to become contributing members of society?

 

[Raist]

Whoa so only USA and Canada really do this. That's weird, say I was born in France and something happened to my parents. Do you get deported?

http://en.wikipedia.org/wiki/Jus_soli

 

[Sir Abacus]

As much as I despise the use of "anchor baby" rhetoric as a way to restrict the rights of Mexican immigrants, this is a pretty clear abuse of the system. I'm not sure what should be done about it.

Work together as one people towards a future where everyone can enjoy a comfortable life and apply their talents as they wish?

But I suspect it's far easier to just try and lock more people out of the kingdom.

 

[Barzul]

Why would not granting American Citizenship to the baby punish the baby when the rich parents are going to fly him back to China or wherever after he/she is old enough to fly on a plane?

Umm because per the 14th amendment, American citizenship is the baby's right and taking it away because his/her parents happen to be rich is punishing the child for something they can't control.

 

[BertramCooper]

It's not worth fucking around with the 14th amendment.

If the U.S. wants to somehow tighten visa requirements in order to cut down this sort of thing, whatever, but any baby born on U.S. soil should be a U.S. citizen. No exceptions.

 

[uncredited male]

Yes. I am down with the 14th amendment.

And the number of maternity tourists is tiny.

 

[SmokeMaxX]

As much as I despise the use of "anchor baby" rhetoric as a way to restrict the rights of Mexican immigrants, this is a pretty clear abuse of the system. I'm not sure what should be done about it.

Is it really abuse of the system when the system says "if you're born in the US and your parents aren't diplomats, you're a citizien." That seems like you're complying with the system's intent to me.

 

[Deleted member 231381]

They abandon me or die in some freak accident.

Most countries have a 'ward of the state' procedure for incidents like these, that do involve naturalizing the child. They're fairly uncommon, though.

 

[Nabbis]

My uncle did this for both of his children. US is really lucrative for people who already have big amounts of money. They reap all the benefits and don't need to bother with the problems that ordinary citizens might face.

Edit: Should probably ad that he did not use any agencies.

 

[norm9]

These lil' baby citizens probably don't even speak English.

 

[Barzul]

If you're going to go that route, isn't not granting citizenship to children brought over by their parents of ANY age, not just birth "punishing them for the sins of their parents?" couldn't they all very well go on to become contributing members of society?

Yeah I agree and I hope America can eventually rework it's immigration laws eventually as I think those children should indeed have a pathway to citizenship or at the very least legal residence.

 

[ZZMitch]

These lil' baby citizens probably don't even speak English.

Speaking English has never been a requirement for U.S citizenship so we can let the little ones off the hook

 

[Piecake]

Umm because per the 12th amendment, American citizenship is the baby's right and taking it away because his/her parents happen to be rich is punishing the child for something they can't control.

Clearly the intent of the 12th amendment was to give citizenship to babies who were born in America and then actually live in America. I'd much rather give citizenship to that 1 month old Polish baby than some tourist baby who then spent all of his/her live in the nation of his/her parents.

I'd also argue that withholding citizenship from a tourist baby is hardly punishment since the tourist baby is not going to live in America. If he/she wants to go to America and become a citizen then he/she could go through the normal citizenship process (which should be made a lot less complicated and annoying, and shorter).

 

[MJPIA]

The HSI agents told He she wasn’t in trouble. That turned out to be only sort of true. They were investigating the owners of USA Happy Baby—Dong and her husband, Michael Liu—for suspected tax evasion, money laundering, and visa fraud. Although it’s legal to travel to the U.S. to give birth, it’s illegal to lie about the purpose of a visit—or coach someone to do so.

According to an affidavit filed by HSI, the agent in China was told by a You Win “trainer” to apply for a U.S. visa with someone who travels regularly and wouldn’t raise suspicions about the purpose of the visit. If she didn’t know anybody, the trainer would supply someone for $9,600. “If the story is convincing and she is good-looking, then the success rate will be pretty high when she goes for the visa interview,” the trainer said. Concocting the story was included in the price. The undercover HSI agent got her visa and made plans to fly to the U.S. Sometime after that, Chen told his client that he might make as much as $2 million in 2014.

“We did what everybody else was doing,” Chen says, speaking on behalf of his wife. “There are no so-called standards.” He denied allegations of visa fraud, saying that You Win outsourced that part of the business to agents in China. “Had I known this industry is not allowed, I wouldn’t have touched it. But everybody said this is a gray area.”

Liang says his clients didn’t lie about their pregnancies. “They were told by travel agents to wear loose clothing, but answer truthfully when asked. It could be seen that wearing loose clothing is evasion—but that’s a judgment call.” In the end, the consular officers didn’t ask his clients if they were pregnant, Liang says. All the women entered the U.S. in Honolulu, where customs officers did ask if a few were pregnant. They answered honestly and were let in.

The issue doesn't really seem to be coming to the U.S. to have a baby, its the companies coaching them to lie when applying for a visa and tax evasion on part of the owners of these businesses.

Becoming a citizen by being born in the United states is in the 14th amendment.
With how split and fragmented our government is I don't see that changing anytime soon.

 

[RustyNails]

Is it really abuse of the system when the system says "if you're born in the US and your parents aren't diplomats, you're a citizien." That seems like you're complying with the system's intent to me.

Maybe, but when the laws were written there were no passenger airlines. People that come to America were on boats, and maternity tourism was an unheard of concept. It's not so much of an abuse, but a law that needs to be updated to reflect 2015.

 

[Princess Carl]

It's not worth fucking around with the 14th amendment.

If the U.S. wants to somehow tighten visa requirements in order to cut down this sort of thing, whatever, but any baby born on U.S. soil should be a U.S. citizen. No exceptions.

Pretty much.

 

[Mr Nash]

How does this work with China? Don't they not allow dual citizenship? I'd think this could cause problems down the road if their government decided to more strictly enforce this in the future.

 

[Piecake]

Maybe, but when the laws were written there were no passenger airlines. People that come to America were on boats, and maternity tourism was an unheard of concept. It's not so much of an abuse, but a law that needs to be updated to reflect 2015.

I'd argue that the inclusion of diplomat babies is a clear indication that our government at the time did not want to grant citizenship to babies who were only going to be temporary residents. Tourist babies are temporary residents.

 

[RustyNails]

Speaking English has never been a requirement for U.S citizenship so we can let the little ones off the hook

Speaking, writing and reading English is definitely a requirement of becoming US citizen. If you fail, you need to retake the test. You won't get approved for citizenship unless you pass the test.

It's fairly basic and any 2nd grader can ace through it, but it's there.

 

[Rayis]

Yes, unless you want to go directly against the constitution

 

[RustyNails]

I'd argue that the inclusion of diplomat babies is a clear indication that our government at the time did not want to grant citizenship to babies who were only going to be temporary residents. Tourist babies are temporary residents.

Yeah that's a clear cut evidence right there on the "intent" of the law.

 

[Barzul]

Clearly the intent of the 12th amendment was to give citizenship to babies who were born in America and then actually live in America. I'd much rather give citizenship to that 1 month old Polish baby than some tourist baby who then spent all of his/her live in the nation of his/her parents.

I'd also argue that withholding citizenship from a tourist baby is hardly punishment since the tourist baby is not going to live in America. If he/she wants to go to America and become a citizen then he/she could go through the normal citizenship process (which should be made a lot less complicated and annoying, and shorter).

I don't know maybe I just feel strongly on the issue because I'm an immigrant myself and I also have a cousin who escaped from his abusive parents on the sole fact that he was an American citizen and could come here and they couldn't really follow. The 14th amendment is what made it possible for him to do that even though majority of his growing up period had been spent back in my home country. America is his home now.

 

[Winterfang]

Yes, is their birthright.

 

[balladofwindfishes]

Maybe, but when the laws were written there were no passenger airlines. People that come to America were on boats, and maternity tourism was an unheard of concept. It's not so much of an abuse, but a law that needs to be updated to reflect 2015.

No it doesn't.

Speaking, writing and reading English is definitely a requirement of becoming US citizen. If you fail, you need to retake the test. You won't get approved for citizenship unless you pass the test.

It's fairly basic and any 2nd grader can ace through it, but it's there.

This does need to be updated. The US has no official language, there's no reason an immigrant needs to know English to be a US citizen.