The United States has announced a new visa restriction policy targeting people who knowingly participate in or facilitate commercial "birth tourism" networks.
Secretary of State Marco Rubio said the policy, introduced under Section 212(a)(3)(C) of the Immigration and Nationality Act, would target those involved in arranging travel to the US for the primary purpose of giving birth so that a child can obtain US citizenship. The US State Department has specifically identified owners, operators and managers of birth-tourism networks, visa "fixers" who coach applicants to commit fraud, foreign medical providers who knowingly facilitate such travel, and others who support or enable the practice. The move comes as the US Embassy in India has reiterated that tourist visas will be rejected when an applicant's primary purpose is to travel to the US to give birth so that the child can obtain American citizenship. "US consular officers will deny tourist visa applications if they believe the primary purpose of travel is to give birth in the United States to obtain US citizenship for the child. This is not permitted," the embassy had said on X in December. What is Birth Tourism? Birth tourism generally refers to travelling to another country with the primary purpose of giving birth there so that the child can obtain citizenship. Under current US State Department guidance, birth tourism is not a permissible purpose for a B-1/B-2 visitor visa. The guidance distinguishes this from other legitimate reasons for travelling to the US, including tourism, visiting family and friends, business activities and medical treatment. Travelling to the US while pregnant is not, by itself, prohibited. The new policy is aimed at people and businesses facilitating commercial birth-tourism arrangements rather than creating a blanket ban on pregnant travellers. However, if officials determine that the primary purpose of a visitor's trip is to give birth so the child can obtain US citizenship, the application can be denied. Who is Being Targeted? The State Department says the new policy is intended to disrupt commercial networks that arrange birth-tourism trips. According to the administration, such networks advertise their services to foreign nationals, coach applicants to lie on visa applications and can charge tens of thousands of dollars to arrange travel and births in the US. The policy specifically targets:
- Owners, operators and managers of birth-tourism businesses
- Visa "fixers" who coach applicants to commit fraud
- Foreign medical providers who knowingly facilitate such travel
- Others who knowingly support or enable commercial birth-tourism arrangements
Rubio has previously described the issue in stronger terms. In August, he said: "American citizenship is not for sale," and accused birth-tourism networks of "coaching foreigners to defraud the U.S. visa system, arranging travel and housing, and even forging documents."
The State Department introduced specific guidance addressing birth tourism in January 2020. Under that rule, consular officers were instructed to deny a B visa application when they had reason to believe the applicant's primary purpose was to give birth in the United States so that the child would obtain US citizenship.
Wednesday's announcement expands the enforcement focus by specifically identifying people who facilitate commercial birth-tourism operations.
What Has Trump Said?
President Donald Trump has repeatedly linked birth tourism to his broader criticism of birthright citizenship, including references to wealthy foreign nationals from China.
In a March 30, 2026, post, Trump wrote that "Birthright Citizenship is not about rich people from China, and the rest of the World" who want their children to become US citizens.
Following the Supreme Court's 2026 ruling rejecting Trump's attempts to end birthright citizenship, White House deputy chief of staff Stephen Miller said: "You have to now think very carefully about who you let into your country, even on a temporary basis" because of birth tourism.
How Widespread is Birth Tourism?
There are no official figures showing how many foreign women travel to the US specifically to give birth.
The Center for Immigration Studies, which advocates stricter immigration laws, estimated that about 36,000 foreign-born women gave birth in the US and then left the country in 2012. Separately, BBC reporting citing US Centers for Disease Control and Prevention data said about 10,000 babies were born to foreign residents in 2017, compared with about 7,800 in 2007.
The Center for Immigration Studies has also estimated that 33,000 children were born to foreign women who travelled to the US on temporary tourist visas between the second half of 2016 and the first half of 2017.
