Birth tourism industry thrives in Miami as Supreme Court showdown gets underway

Birth tourism has become big business, as concierge services and others rake in cash assisting foreigners who want to have their babies in the U.S.

The Supreme Court is set to hear oral arguments beginning Wednesday on a challenge to President Donald Trump’s Executive Order 14160, which limits birthright citizenship in the U.S.

The term birth tourism in general refers to foreign nationals traveling to another country and giving birth there so that their newborn children can obtain citizenship in that particular country. 

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A concierge service in South Florida called Have my Baby in Miami provides maternity services that have helped with over 2,000 international births, according to the firm's website.

"The dream of having your child in a country with one of the best medical systems in the world is much more real than you think," the practice notes. 

The practice asks parents to prepare travel documents for all those taking part, recommending a minimum validity period of six months, starting on the day scheduled for arrival in the United States.

Parents must begin the process of applying for the baby's documentation prior to their return trip.

"We offer support and information on how to carry out these activities, which are usually completed easily," the practice notes on its site.

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Testimonials by parents from such countries as Brazil and Colombia are featured on the website, with many praising the practice’s continued support once they're back in their home countries.

"We are very pleased with the decision to have our baby in Miami by this excellent group of professionals," wrote Marypaz from Colombia (no last name given). 

"It was worth the sacrifice to be away from our country and our family at this important time."

Fox News Digital reached out to the Have my Baby in Miami practice for comment.

Section one of the 14th Amendment automatically grants citizenship to all persons born in the United States. Given that courts have routinely upheld birthright citizenship for over a century now, the Trump administration faces an uphill battle, as Fox News Digital has previously reported.  

University of California Berkeley law professor John Yoo told Fox News Digital he believes the Supreme Court will overrule the Trump birthright order. 

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"The better way to operate under the current constitutional rule of birthright citizenship is to more vigorously enforce visas and to shut down businesses that encourage and enable birth tourism," said Yoo.

A recent Fox News Poll found that 69% of voters support birthright citizenship for children born in the United States to illegal immigrants — which is up from 45%, when Fox News first asked the question in 2006.

The most common visas abused when it comes to birth tourism are B-2 tourist visas and B-1 business visas — which is what prompted the State Department to introduce a new rule in 2020.

"A consular officer shall deny a B nonimmigrant visa to an alien [whom] he or she has reason to believe intends to travel for this primary purpose," the rule reads.

The rule states that "the department considers birth tourism an inappropriate basis for the issuance of temporary visitor visas."

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President Trump called out birth tourism in a Truth Social post Monday, calling out China for exploiting U.S. birthright citizenship. 

"Birthright Citizenship is not about rich people from China, and the rest of the World, who want their children, and hundreds of thousands more," he wrote, "FOR PAY, to ridiculously become citizens of the United States of America. It is about the BABIES OF SLAVES!"

The president added, "The World is getting rich selling citizenships to our Country."

In July, the U.S. Mission to Nigeria shared a stark warning about "birth tourism" to those who might be planning trips to America primarily for this reason.

"Using your visa to travel for the primary purpose of giving birth in the United States so that your child will have U.S. citizenship is not permitted," the mission wrote on its X account. 

The notice was posted on Facebook as well. 

"We will deny your visa if we believe your primary purpose of travel is to give birth in the United States to get U.S. citizenship for your child. This is not permitted," the post stated.

The Supreme Court's decision on the birthright citizenship issue is expected in late June. 

Kerri Kupec Urbahn of Fox News contributed reporting.