Will all women now ask this question and demand a pregnancy test? Will they be able to refuse entry at the border?
What will change?The decision of the Trump administration means that pregnant women who travel to the United States precisely intending to have a baby there will be denied tourist visas and entry into the country.
In theory, the ban does not apply to pregnant women if they are going to the States for another purpose — for example, visiting sick relatives or at business meetings (such examples were cited by State Department employees themselves).
Consular officers will now be able to ask women about pregnancy and plan to give birth at a visa interview.
The Department of State has already instructed its employees that this issue can in no way be addressed to all women.
Also, neither at the interview nor at the border, no one can demand a woman to pass a pregnancy test.
Most often, the choice will be led by the choice of medical care or treatment as the purpose of the trip to the visa application.
In this case, evidence will be required from visa applicants that they will be able to fully pay for medical services.
The State Department does not directly answer whether consular officers will ask this question based on the appearance of the woman.
What is wrong with this ban?Officials have the right to refuse entry to the United States even to people who have received a visa.
Arriving in the United States tourists or foreign students are often stopped at the airport and sent back on the next flight.
Lawyer Anna Brown, in an interview “But I haven’t heard of a single case where a woman wasn’t allowed in the United States just because of pregnancy,” says Brown. She is confident that the new rules will trigger a wave of lawsuits.
"Such a decision can be regarded as discrimination against women since no law prohibits giving birth in the United States."
The implementation of this ban is complicated by the fact that tourist visas to the USA are issued for long periods.
According to the lawyer, truly maternity tourism can be stopped by introducing restrictions on companies providing such services.
Why maternity tourism important to wealthy people?Childbirth in the USA is popular among wealthy people of the World: some want their children to become citizens of the United States, while others trust American medicine more.
Why now? Perhaps politicsIn the State Department, the new rules are explained by national security considerations.
Allegedly, this loophole - the opportunity to enter America and give birth to a child who becomes a US citizen - is used by foreigners and organizations that may be undesirable and dangerous for the country.
However, at a briefing with journalists on Thursday, representatives of the State Department could not name a single case in which individual terrorists or groups organized childbirth in the United States.
The decision may be triggered by political considerations.
The tightening of the visa policy may be due to the desire of the Trump administration to mobilize the president’s nuclear electorate ahead of the presidential election.
"Maternity tourism in recent years has become a political issue that divides Americans," says the lawyer.
Among the opponents of immigration in American society, there is a widespread belief that, by giving birth to children in the United States, foreigners will be able to move to the States themselves. Such children in this environment are called anchor children (anchor babies).
However, one of more explains that for tourists who have given birth in America it is extremely difficult to move to the United States: you need to wait for the child to come of age, apply for a green card and go through all stages of the immigration system.
In the field of "maternity tourism" fraud is developed, says lawyer Anna Brown.
She recalled that last year a group of immigrants was arrested in Miami. They are accused of taking money from their clients, but in hospital bills, they represented them as poor and used health insurance at the expense of the state of Florida and the federal government. The bills were ultimately paid by American taxpayers.