Stop asking whether it is legal or not, and answer the common legal questions of American children.

1. Birth in the United States, the identity of the child.

The United States mainly adopts the principle of birthplace to determine the nationality of newborn babies. According to 1868, the amendment to Article 14 of the Constitution stipulates: "All people born or naturalized in the United States and subject to the jurisdiction of the United States are American citizens and residents of the state where they live, and no state can enact or enforce any laws that weaken the rights or immunities of American citizens." That is, children born in the United States enjoy "birth citizenship" and naturally acquire American citizenship, regardless of their parents' nationality, skin color and legal status.

The United States is the only developed country that maintains "birth citizenship". In addition to automatically acquiring American citizenship, native-born newborns also enjoy corresponding treatment and benefits, including medical insurance, various subsidies, citizens' right to vote and be elected, free compulsory education from kindergarten to K 12-* * 13, and low-interest university grants. Better than green card holders, these "baby" citizens can apply for immigration to the United States for their parents, brothers and sisters when they are 2 1 year old.

2. Is it against the tourist status to have a baby in America? Does the United States allow B-2 to have children?

From the perspective of jurisprudence and civil relations, the so-called "freedom without prohibition is freedom". At present, American law does not explicitly prohibit pregnant women from China from giving birth in the United States on tourist visas (B-2), which is generally recognized by the American government (for example, it is clearly stated on the websites of the American Embassy in France and the Customs and Border Protection Bureau). In addition, B-2 visas are issued to applicants who travel to the United States for entertainment. B-2 includes "sightseeing", "medical treatment" and "other social, social or service activities" as shown on the website of the US government. If a pregnant woman from China applies for a B-2 visa to give birth in the United States, it is interpreted as a "medical treatment" or a "service activity", which is a logical and legal act and conforms to the tourist status.

Since the United States does not prohibit coming to the United States to have children, why do American embassies often refuse to sign pregnant women? Many people are puzzled by this. Overseas visa officers refuse to sign pregnant women in the United States, not because they give birth in the United States in violation of a certain American law, but because American immigration law gives overseas visa officers great factual discretion, and visa officers exercise their discretion to refuse visa applications. According to Article 2 14(b) of the INA Act, overseas visa officers conduct strict factual examination on visa applicants. At first, it is assumed that the applicant is "inclined to emigrate", and then the applicant proves that he is not inclined to emigrate. If the visa officers of overseas consulates generally recognize the applicant's claims and credit and have no immigration tendency, they will issue visas; If the visa officer measures the overall situation of the applicant and thinks that the application does not conform to the US immigration law and visa purposes, the visa will be refused. Although the State Council has the right to review the judgment of visa cases, its jurisdiction is limited to judicial interpretation, not to adjudicate the facts. Overseas visa officers have the final decision on all visa applications.

In fact, the visa officer will make a comprehensive assessment of the situation of the B2 visa applicant, and will not refuse the visa just because the applicant is pregnant. For example, visa officers will consider whether pregnant women deliberately conceal their real motives for going to the United States or lie to visa officers. If there is such behavior, the visa officer thinks that the applicant lacks integrity and refuses the visa. For another example, when a pregnant woman truthfully reflects the purpose of going to the United States to give birth, the visa officer will consider whether the applicant will abuse the American medical welfare system and whether he has enough financial ability to pay all the expenses. If the visa officer has doubts, he will also refuse the visa. In short, the visa officer will weigh the visa application as a whole and make a final judgment.

3. Does the US Customs have the right to refuse entry to tourists just because they are "pregnant"? Does the customs have the right to examine the bodies of foreign pregnant women? Any questions about privacy and due process?

Just because parents who go to the United States to give birth to children get American tourist visas doesn't mean that they can be all right and sit back and relax. When entering the United States, customs and border protection officials may still question them or even refuse them entry. Just like overseas visa officers, officials of the US Customs and Border Protection have great powers. They can decide whether passengers can enter the country and how long they will stay in the country.

Jaime Cruiz, a spokesperson for the US Federal Customs and Border Protection, pointed out that there are no special laws or regulations in the United States, and tourists are refused entry just because women are "pregnant". There is no relevant clause in American immigration law that prohibits children from going to the United States. Those who were repatriated or prohibited from entering the country were deceived or cheated because they did not answer the questions of customs officials truthfully. He further pointed out that if pregnant women who go to the United States to give birth are stopped by customs and border protection officials, they will ask the pregnant women if they pay for the hospital, how to pay, where to live and so on. The customs will check whether the immigrant's passport has expired and whether there is a legitimate reason to enter the United States.

In practice, most of the cases encountered are because officials think that pregnant women's visa applications are inconsistent with the reasons for entry and refuse to enter the country. To this end, pregnant women who go to the United States to give birth should not only be prepared for questioning, but also bring documents consistent with their visas to prove it.

Customs and border officials can stop anyone from asking questions, but they can't check the pregnant woman's body unless the parties agree or the law has other special provisions. In the United States, even the police need a valid reason and a court search warrant to search a person's property, house and body unless his life is threatened.

The Fifth Amendment to the US Constitution stipulates: "No one shall be deprived of life, freedom or property without due process of law"; The second paragraph of the 14th Amendment stipulates that "no state shall deprive anyone of life, freedom or property without due process of law", which restricts local states by due process of law. Since the case of 1965 Griswold, the Federal Supreme Court has determined that the right to privacy is a basic right protected by due process of law, and strict review standards are applied. There is no doubt that officials' examination of pregnant women's physical behavior without consent has touched the privacy of pregnant women and should be protected by the Constitution.

At the same time, the U.S. Constitution rarely regards the nationality of foreigners as a condition for enjoying due process rights, that is, the U.S. government will generally give foreign legal immigrants (even illegal residents) a fair opportunity to correct or refute the improper behavior of the government and protect the constitutional rights and interests of foreigners.

But in fact, the US Constitution only applies to the mainland of the United States. According to the precedent of American federal court, foreign talents entering the United States are given due process rights stipulated by the Constitution; Foreigners who have not entered American territory cannot enjoy this right. For this reason, when pregnant women are stopped by customs officials, they cannot legally enter the United States and are not protected by due process of the Constitution.

4. On what grounds do customs usually refuse pregnant women entry?

The U.S. Customs and Border Protection denies tens of thousands of people entry into the United States every year. Reasons for refusing foreigners to enter the United States include: improper travel documents, acts or intentions prohibited by law, travel that does not meet visa-free items, smuggling prohibited items, criminal acts or history, and violation of immigration laws. Among them, violations of immigration law include: overstaying, trying to use fake documents to enter the United States, and involving national security issues.

In practice, pregnant women should pay special attention when entering the US Customs: First, they should answer the questions of officials honestly. Second, we should prepare sufficient financial proof for future reference. American officials and people are particularly worried about the abuse of American medical services by overseas pregnant women, and believe that overseas pregnant women should not enjoy American welfare without paying any taxes. However, if pregnant women can provide evidence of how to pay medical expenses, they can solve the doubts and concerns of customs law enforcement officers and enter the United States smoothly.