The US State Department announced a new visa restriction policy on 23 September 2026 aimed at birth tourism: travelling to the United States on a temporary visa in order to give birth there so the child is born a US citizen. Secretary of State Marco Rubio said the policy, issued 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. The statement names the owners, operators and managers of commercial birth tourism networks, visa "fixers" who coach applicants to commit fraud, and foreign medical providers who knowingly help arrange the travel and the fraudulent use of Medicaid. Certain family members of those covered may also be refused visas.
Background
On 6 August 2026 President Trump signed Executive Order 14419, "Ending Birth Tourism". It defines birth tourism as entering the US on a nonimmigrant visa to give birth there, or helping someone else do so, and tells the Secretaries of State and Homeland Security to use visa refusals, visa revocations, permanent entry bars, removal, and action against facilitating organisations. On 12 August the State Department set up a Birth Tourism Prevention Task Force, which it said had already revoked more than 600 visas worldwide. The 23 September policy adds a standing legal basis to refuse visas. The Supreme Court confirmed in June, in Trump v. Barbara, that children born on US soil are citizens at birth, so the administration is acting through visas rather than on citizenship itself.
What the policy covers
Section 212(a)(3)(C) lets the Secretary of State find a foreign national inadmissible when their entry would have potentially serious adverse foreign policy consequences for the United States. It has been used before for targeted visa bans on defined groups. This policy applies it to people who knowingly engage in or have engaged in birth tourism, which includes past trips, and to four groups of facilitators: owners, operators and managers of birth tourism networks; visa fixers; foreign medical providers who knowingly help arrange the travel; and "other individuals who support, abet, and enable commercial birth tourism". The statement names no person, company or country and gives no figure for how many people it covers.
The rules now in place
- Since 24 January 2020: a B visitor visa must be refused if the consular officer has reason to believe the main purpose of the trip is giving birth so the child gets US citizenship. An applicant the officer believes will give birth during the stay is presumed to be travelling for that purpose unless they show otherwise
- Since 24 January 2020: visitors travelling for medical treatment must show their arrangements and their ability to pay all costs
- Since 12 August 2026: a State Department task force reviews visa holders worldwide and has revoked more than 600 visas linked to birth tourism
- From 23 September 2026: people who engage or have engaged in birth tourism, operators, visa fixers, facilitating medical providers, other enablers and certain family members can be refused visas under INA Section 212(a)(3)(C)
What this means for travellers
A pregnant traveller with an ordinary reason to visit, such as a family event, a business trip or a holiday, is still assessed under the 2020 rule: the officer decides whether giving birth is the main purpose of the trip. Expect questions about the purpose, the travel dates and the due date, and answer accurately. The State Department's August fact sheet warns that people who wilfully misrepresent the purpose of their travel may become permanently ineligible for a US visa. The new policy reaches further back: someone who previously travelled to the US to give birth for citizenship can now be refused a visa on that ground, and a relative of someone who runs a birth tourism business may be refused even without any role in it. Anyone planning a longer stay for work, study or family reasons should apply in the category that matches that purpose. Our [United States country guide](/country-guides/united-states) sets out the main routes, and the [visas and status section of our field guide](/field-guide/visas-status) explains how visa purpose and status fit together.
When it takes effect
The State Department announced the policy on 23 September 2026 and gave no later start date. Executive Order 14419 was signed on 6 August 2026 and published in the Federal Register on 11 August 2026 (91 FR 51993). The B-visa rule on birth tourism has been in force since 24 January 2020 (85 FR 4219).
What the statement leaves open
The statement does not say how many people the policy covers, which countries the targeted networks operate in, which family members are included, or how far back past trips are counted. US visa records are confidential, so refusals under the policy may never be made public. The executive order allows exemptions on humanitarian grounds or where entry is in the national interest; the State Department has not published how those exemptions apply to this policy.
Key Takeaway
Since 23 September 2026 the US can refuse visas to people who have travelled for birth tourism and to the operators, fixers, medical providers and some relatives who make it possible; other pregnant visitors are still judged on the purpose of their trip under the 2020 rule.