Nothing distinguishes his car from the hundreds of others driving in the direction of the American post of Brownsville, Texas, which overlooks the Rio Grande, this waterway with the misleading name which looks more like a stream than a river. At the wheel, a pregnant woman waits her turn. Her stomach suggests that she is not far from the term. His passport is in order, his visa too.
On the other side, a few miles away, a room has been reserved in a motel on the edge of Interstate 69, this ribbon of asphalt lined with decaying palm trees that crosses the city like a scar. An obstetrician was chosen from a clinic in the center, sometimes an apartment rented for several weeks. This “tourist” did not come to ask for asylum but to give birth. In a few hours or a few days, if all goes as planned, her child will be born on American soil and will receive with her maternity bracelet something that no travel agency can officially sell: a passport stamped with the bald eagle, the seal of the United States.
Across the Atlantic, the phenomenon thrives in the flaws of the migratory system, under an innocent name, the birth tourism“birth tourism”. Real networks have been structured around it: specialized agencies, housing, doctors, drivers, etc. The trend remains difficult to quantify. In 2024, the National Center for Health Statistics has recorded nearly 9,600 births to mothers declaring they reside abroad. The Center for Immigration Studiesthink tank of Washington, puts forward the figure of 26,000 per year. Donald Trump made him a target.
Between legal medical tourism and birth tourism, everything depends on intention
Failing to have succeeded in abolishing land law, its administration sought to intervene before birth. On August 6, the president signed a decree allowing the visas of women suspected of coming to give birth for this purpose to be refused or revoked, even to the point of banning them from entering the country. In Brownsville, David Square knows the problem well. This immigration lawyer defends, a few steps from Mexico, those who have crossed the Rio Grande, legally or not. On one point, he is categorical: “Obtaining a visa is a privilege. » And even a visa in your pocket does not guarantee passage. At the border post, the last word belongs to the American officer: “They will be the ones to decide if they allow you in.” »
Disguising the reason for the trip
However, not every pregnant woman who comes to Brownsville is a birth tourist. Square underlines this border too. In the Rio Grande Valley, he sees Mexican women coming legally to seek treatment that their condition requires. “They most often explain that they are having a high-risk pregnancy. » On arrival, he explains to JDNews, the patient can produce a letter from an American doctor detailing the pathology and the care sought.
Their profile often does not correspond to the imagination of clandestinity. “Most are well off or have private insurance with international coverage”says Square. The very high cost of care does not necessarily stop them: “Some can perfectly afford to pay $50,000. » And contrary to popular belief, this baby does not transform its mother into a legal immigrant. “ An arrest by ICE does not automatically result in expulsion: remedies exist. There may be reasons to stay, especially when you have family members who are U.S. citizens.”specifies Square.
Between legal medical tourism and birth tourism, everything depends on intention. Lying about the true purpose of the trip – to give birth to a US citizen – can turn the trip into fraud. A few kilometers from Square’s office, this gray area ended up appearing on billboards. In July, Texas Republican Gov. Greg Abbott ordered an investigation into Regional Medical Center in Mission, in the Rio Grande Valley. The establishment was associated with advertisements aimed at foreigners offering birth packages, “birthing packages,” in South Texas. “It caused a lot of talk in the valley”says Square, amazed by the aplomb of the process.
Birth Industry
The case is not isolated. 1,700 kilometers away, in Florida, a company chose an even less ambiguous name: Have My Baby in Miami (“having my baby in Miami”). Her site details the trip, the doctors, and even when the mother can fly. It is this small industry that Trump wants to break.
In its decree, the White House accuses operators of providing accommodation, hotels and specialized services, but above all of teaching certain clients to disguise the reason for their trip in front of consulates and border agents. “Citizenship is not a commodity”proclaims the text. Trump chose his terrain carefully. Because preventing a foreigner from entering the United States is simpler than pretending that her child, once born in Brownsville or Miami, is not American.
This is where Square becomes a lawyer again. “I don’t believe he can override a constitutional text which states that everyone born in the United States is an American citizen. It would require amending the Constitution – a two-thirds vote of Congress, then ratified by three-quarters of the states. » His comment is delicious: “They already can’t even vote on a budget…” The hardest wall to overcome may not be the one Trump extended in this corner of Texas. It’s in Washington, dates back to 1868, and has a number: the Fourteenth Amendment.
