Hastings Journal on Gender and the Law


Mehera Nori


The challenges faced by Asians and Asian Americans are typically left out of the discussion when it comes to the media's depiction of the complexities behind immigration policies in the United States. Yet, behind the scenes, the rise of birth tourism as a major form of Asian immigration to the United States continues to grow. Birth tourism encompasses medical facilities that provide childbearing services to foreign women who wish to receive care in the United States, which results in the child having American citizenship. This note highlights the growing impact of birth tourism on Asian immigrants and the redefining of what it means to be an American citizen. The author explains the several factors that have led to the boom of birth tourism in the United States and the increased regulation on the birth tourism business. In doing so, the author describes birth tourism as a direct reflection of the political and social realities faced by foreign parents and correlates these challenges to the history and politics of the birthright in the United States.