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Ending Birth Tourism

🇺🇸 United StatesExecutive Orders3 recorded versionsLast change 23 Sept 2026
ConfidenceVery high · 100%

Current rules

Under the new policy, the Secretary of State may impose visa restrictions on individuals whom the department determines fall within the policy because they knowingly engage in, have engaged in, or facilitate birth tourism to the United States. The policy is grounded in INA §212(a)(3)(C), which concerns foreign-policy-related inadmissibility. The first specifically identified group consists of owners, operators and managers of commercial birth-tourism facilitation networks. These are businesses or organised operations involved in arranging the travel and associated services for foreign nationals seeking to give birth in the United States. The second group consists of visa "fixers" who coach applicants to commit fraud. This is significant because the policy is not limited to the physical organisation of travel. It also reaches people who assist applicants in misrepresenting the purpose or circumstances of their proposed U.S. travel. The third identified group consists of foreign medical providers who knowingly facilitate birth-tourism travel and fraudulent use of the Medicaid system. The State Department therefore links the policy not only to immigration and visa fraud but also to alleged misuse of U.S. public-benefit systems. The policy also covers other individuals who knowingly support, assist or enable commercial birth tourism. This means the categories announced by the State Department are not limited to the specific examples listed above. However, the relevant conduct must fall within the department's stated policy and applicable legal authority. Certain family members may also be covered. The State Department has not stated that every relative of a restricted individual is automatically subject to a restriction, so Goborda should not represent the family-member provision as an automatic family-wide visa ban. The policy does not state that a person who is pregnant is automatically subject to visa restrictions. Nor does it establish a blanket prohibition on pregnant travellers entering the United States. The policy is directed at people who knowingly participate in, facilitate or enable the targeted birth-tourism activity.

Overview

President Donald J. Trump has issued an executive order to combat 'birth tourism' in the United States. This directive empowers the Secretaries of State and Homeland Security to implement measures, including visa denials and entry bars, against foreign nationals attempting to enter the U.S. on nonimmigrant visas with the primary intent of giving birth. The order, issued on 6 August 2026, seeks to prevent the exploitation of U.S. immigration laws for the acquisition of citizenship.

Who is affected by the latest change

  • Individuals who knowingly engage in, have engaged in, or facilitate birth tourism to the United States
  • Owners, operators, and managers of commercial birth tourism facilitation networks
  • Visa 'fixers' who coach applicants to commit fraud
  • Foreign medical providers who knowingly abet and facilitate birth tourism travel and the fraudulent use of the Medicaid system
  • Other individuals who support, abet, and enable commercial birth tourism
  • Certain family members of individuals covered by these restrictions

What changed in the latest version

Before

The United States already treated travel whose primary purpose was giving birth in order to obtain U.S. citizenship for the child as an impermissible purpose for a visitor visa. The State Department's existing policy states that a B-1/B-2 visitor visa cannot be used when the primary purpose of the trip is to give birth in the United States so that the child obtains U.S. citizenship. This existing approach has also been associated with the State Department's January 2020 regulatory change concerning B visas. Under that rule, consular officers could refuse a B-visa application where they had reason to believe that the applicant's primary purpose for travelling to the United States was to give birth in order to obtain U.S. citizenship for the child. The previous framework therefore already allowed the United States to address birth tourism through the visitor-visa process. However, the new 23 September policy identifies a broader set of actors who facilitate or commercially support birth tourism and places those activities within a specific visa-restriction policy under INA §212(a)(3)(C).

After

Under the new policy, the Secretary of State may impose visa restrictions on individuals whom the department determines fall within the policy because they knowingly engage in, have engaged in, or facilitate birth tourism to the United States. The policy is grounded in INA §212(a)(3)(C), which concerns foreign-policy-related inadmissibility. The first specifically identified group consists of owners, operators and managers of commercial birth-tourism facilitation networks. These are businesses or organised operations involved in arranging the travel and associated services for foreign nationals seeking to give birth in the United States. The second group consists of visa "fixers" who coach applicants to commit fraud. This is significant because the policy is not limited to the physical organisation of travel. It also reaches people who assist applicants in misrepresenting the purpose or circumstances of their proposed U.S. travel. The third identified group consists of foreign medical providers who knowingly facilitate birth-tourism travel and fraudulent use of the Medicaid system. The State Department therefore links the policy not only to immigration and visa fraud but also to alleged misuse of U.S. public-benefit systems. The policy also covers other individuals who knowingly support, assist or enable commercial birth tourism. This means the categories announced by the State Department are not limited to the specific examples listed above. However, the relevant conduct must fall within the department's stated policy and applicable legal authority. Certain family members may also be covered. The State Department has not stated that every relative of a restricted individual is automatically subject to a restriction, so Goborda should not represent the family-member provision as an automatic family-wide visa ban. The policy does not state that a person who is pregnant is automatically subject to visa restrictions. Nor does it establish a blanket prohibition on pregnant travellers entering the United States. The policy is directed at people who knowingly participate in, facilitate or enable the targeted birth-tourism activity.

This policy means that people involved in or helping with birth tourism will likely have their U.S. visas refused, stopping them from travelling to the United States. Those who run or manage birth tourism networks, encourage visa fraud, or provide medical services that knowingly assist this activity now risk visa restrictions for themselves and potentially their family members. Visa applicants must make sure their applications are truthful and show their genuine intentions, as any involvement in birth tourism or related fraud will lead to serious consequences. The policy makes it harder for people from other countries to exploit the U.S. immigration system just to get U.S. citizenship for their children.

Explained simply

Imagine some people from other countries want their babies to be U.S. citizens by having them born in the U.S. because it gives the children certain benefits. Some companies help these people lie on their visa forms and pay a lot of money to make this happen. The U.S. government has now said it will stop giving visas to anyone who helps with this 'birth tourism' or takes part in it. It's like saying, 'We won't let you cheat our rules to get citizenship for your baby.'

Frequently asked

Version history

  1. v5Effective 23 Sept 2026EffectiveHigh impact
    U.S. Introduces Visa Restrictions for Individuals Involved in Birth Tourism

    Follows v3 · Ending Birth Tourism Executive Order

    The U.S. State Department has announced a new rule for visas, which started on 23 September 2026. This rule aims to restrict visas for people involved in 'birth tourism' to the United States. This applies to anyone who has knowingly taken part in, is taking part in, or helps birth tourism. This includes owners and operators of groups that arrange birth tourism, 'visa fixers' who encourage lying on applications, and medical staff outside the U.S. who knowingly help with such travel or with fraudulently using Medicaid. It also covers other individuals who support or enable commercial birth tourism, and potentially some of their family members. This measure is being put in place under Section 212(a)(3)(C) of the Immigration and Nationality Act to protect the U.S. citizenship and immigration systems.

  2. v4Effective 6 Aug 2026EffectiveHigh impact
    Ending Birth Tourism

    Follows v3 · Ending Birth Tourism Executive Order

    President Donald J. Trump signed Executive Order 14419. Its title is 'Ending Birth Tourism'. It took effect on 6 August 2026 and was published on 11 August 2026. This order creates an official United States policy. It aims to stop people from misusing nonimmigrant visa classifications for 'birth tourism'. Birth tourism means entering the US using a nonimmigrant visa to give birth on American soil. It also includes helping someone else do this. The order gives power to the Secretary of State and the Secretary of Homeland Security. They can take necessary actions. This includes refusing or cancelling visas, stopping entry, and removing people involved in birth tourism plans. They can only grant exemptions for humanitarian reasons or if it is in the national interest. The policy makes sure people use nonimmigrant visas only for their lawful and intended purposes.

  3. v3Effective 6 Aug 2026Executive OrderCritical impact
    Ending Birth Tourism Executive Order

    The United States has issued a Presidential Order called 'Ending Birth Tourism'. This order started on 12 August 2026. It gives wide-ranging power to the Secretary of State and the Secretary of Homeland Security. These officials can now put policies and actions in place to stop 'birth tourism'. 'Birth tourism' means coming into the U.S. using a nonimmigrant visa to give birth. It also means helping someone else to do this. This new rule adds to earlier actions. It clearly gives power to stop people from entering the country, to refuse visas or travel permits, to cancel existing ones, to ban people from entering forever, to refuse entry to people, or to remove people from the country. It also allows action against those who help birth tourism. However, officials can allow exceptions for humanitarian reasons or if it is in the national interest. This policy applies to foreign nationals involved in birth tourism.

Timeline

  1. Announced

    23 Sept 2026

    The U.S. State Department has announced a new visa restriction policy, effective from 23 September 2026, aimed at individuals involved in 'birth tourism'. This policy targets those who exploit the U.S. immigration system to obtain U.S. citizenship for children born on American soil, including operators of commercial networks, facilitators who coach fraud, and foreign medical providers who knowingl

  2. Takes effect

    23 Sept 2026

    A new visa restriction policy under Section 212(a)(3)(C) of the Immigration and Nationality Act targets individuals who knowingly engage in, have engaged in, or facilitate birth tourism to the United States. This includes owners, operators, and managers of commercial birth tourism facilitation networks, visa 'fixers' who coach applicants to commit fraud, foreign medical providers who knowingly abe

  3. Announced

    6 Aug 2026

    President Donald J. Trump has issued an executive order to combat 'birth tourism' in the United States. This directive empowers the Secretaries of State and Homeland Security to implement measures, including visa denials and entry bars, against foreign nationals attempting to enter the U.S. on nonimmigrant visas with the primary intent of giving birth. The order, issued on 6 August 2026, seeks to

  4. Takes effect

    6 Aug 2026

    The new policy directs the Secretary of State and the Secretary of Homeland Security to take actions, including denying visas or other travel authorisations, revoking existing visas/authorisations, and barring entry, for any foreign national entering or attempting to enter the U.S. via a nonimmigrant visa specifically for the purpose of giving birth on American soil. The order defines 'birth touri

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