The United States has announced a new visa restriction policy targeting people involved in commercial “birth tourism” networks, bringing renewed attention to a practice in which foreign nationals travel to the US primarily to give birth and seek US citizenship for their children.
US Secretary of State Marco Rubio announced the policy on September 23, saying it would target people who knowingly participate in or facilitate commercial birth tourism. The move is being implemented under Section 212(a)(3)(C) of the Immigration and Nationality Act.
What is birth tourism?
Birth tourism refers to travelling to another country with the primary purpose of giving birth there. In the US, the practice has largely been associated with foreign nationals travelling on visitor visas so their children can potentially obtain US citizenship by being born on American soil.
However, the US Department of State makes clear that birth tourism is not a permissible purpose for obtaining a visitor visa. Its current visitor visa guidance defines birth tourism as travelling primarily to give birth in the US to obtain citizenship for the child.
The department had also introduced specific measures addressing birth tourism in 2020, under which consular officers could deny B visa applications when they had reason to believe the applicant's primary purpose was giving birth in the US to obtain citizenship.
Who does the new policy target?
According to Rubio's statement, the restrictions are aimed at people and businesses involved in facilitating commercial birth tourism.
This includes owners, operators and managers of birth tourism networks, visa “fixers” who coach applicants to provide false information, and foreign medical providers accused of knowingly facilitating such travel and fraudulent use of Medicaid. Other people who support or enable commercial birth tourism can also be covered.
"These networks advertise and coach foreign nationals to lie on U.S. visa applications and collect tens of thousands of dollars to arrange births on American soil for the sole purpose of obtaining US citizenship."
Why is Washington targeting birth tourism?
Rubio said the policy was intended to protect the integrity of US citizenship and prevent what the administration describes as exploitation of the immigration system.
"The Trump Administration is using every tool at our disposal to defend the integrity of US citizenship, protect American public benefits and U.S. taxpayers from exploitation, and safeguard our national security."
There are no government figures that specifically track birth tourists. CDC data does, however, record births to non-US residents; its 2024 data include births occurring in the US to both residents and non-residents.