Two practices are allowing Chinese nationals to obtain U.S. citizenship for their children at scale: commercial surrogacy, conducted primarily in California, and birth tourism, in which pregnant women travel to the U.S. on tourist visas to deliver on American soil. Both exploit the 14th Amendment guarantee of citizenship to anyone born in the United States. Surrogacy is illegal in China, driving wealthy clients abroad, and California’s permissive surrogacy laws make it the preferred destination.
Federal prosecutors have brought cases against operators of both types of services, and Congress has introduced legislation targeting surrogacy contracts with nationals of adversarial countries. The practice has drawn national security attention because U.S.-born children of Chinese nationals retain citizenship rights for life, including the right to vote, hold federal employment, and sponsor family members for permanent residence.
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