The controlling precedent is **United States v. Wong Kim Ark (1898)**. In that ruling, the Supreme Court determined that a child born in the United States to foreign parents who are permanent residents and not working in diplomatic roles becomes a U.S. citizen at birth. The Court interpreted the Citizenship Clause of the Fourteenth Amendment to uphold the common law principle of birthright citizenship. This extension applies to anyone born within U.S. territory and subject to its jurisdiction, irrespective of the parents' race or nationality.
The act of giving birth in the U.S. is not illegal in itself. The specific practice of "birth tourism," however, faces strict limits. Traveling to the U.S. primarily to give birth in order to secure citizenship for the child is heavily restricted and potentially criminal.
Current U.S. policy forbids using B-1/B-2 visitor visas if the main purpose of the trip is to give birth in the U.S. to secure citizenship. Consular officers have the authority to deny visa applications if they suspect this intent.
Facilitating such travel for the purpose of obtaining citizenship can lead to criminal prosecution. Charges can include visa fraud, money laundering, or conspiracy. Authorities are actively targeting and prosecuting networks that run these schemes.
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