The United States has announced a new visa restriction policy targeting individuals and businesses involved in what it describes as commercial “birth tourism” networks.
US Secretary of State Marco Rubio announced the policy on September 23, stating that it would be used against people who knowingly engage in, have engaged in, or facilitate birth tourism to the US. The policy falls under Section 212(a)(3)(C) of the Immigration and Nationality Act.
But what exactly is birth tourism, who could be affected, and does the new policy mean pregnant travellers can no longer enter the US? Here is what the policy says.
What is birth tourism?
Birth tourism generally refers to travelling to another country to give birth. In the US, the term is commonly used for people who travel to the country primarily to give birth so that their child can obtain US citizenship.
The US State Department has already clarified that giving birth in the US for the purpose of obtaining citizenship for the child is not a permissible basis for a visitor visa. Since January 2020, consular officers have been instructed to deny B-visa applications when they have reason to believe an applicant’s primary purpose is to give birth in the US to obtain citizenship for the child.
However, this does not mean that every pregnant person travelling to the US is automatically barred from entering the country. The State Department’s visitor-visa guidance lists medical treatment among permitted B-2 activities, while specifically excluding birth tourism when obtaining citizenship is the primary purpose of the trip.
What has the US announced?
The latest policy focuses on people and businesses that facilitate commercial birth tourism.
According to Rubio’s announcement, those who could face visa restrictions include:
- Owners, operators and managers of commercial birth tourism networks
- Visa “fixers” who coach applicants to commit fraud on visa applications
- Foreign medical providers who knowingly facilitate such travel and the fraudulent use of the US Medicaid system
- Other individuals who support, assist or enable commercial birth tourism operations
The State Department has also said that some family members of people covered by the restrictions could be affected.
The administration alleges that commercial networks advertise birth tourism services, coach foreign nationals to provide false information on visa applications and charge large sums of money to arrange births in the US.
These are allegations and descriptions made by the US government regarding the networks it is targeting. The policy itself is specifically framed around individuals who knowingly participate in or facilitate such activity.
Does this mean all pregnant travellers will be denied US visas?
Not automatically.
The new announcement does not impose a blanket visa ban on all pregnant foreign nationals. Instead, it specifically targets people who knowingly participate in or facilitate birth tourism, particularly commercial networks and individuals involved in visa fraud.
Travelling to the US primarily to give birth so that a child can obtain US citizenship was already not considered an acceptable purpose for a visitor visa.
For someone planning legitimate travel to the US while pregnant, the purpose of the trip and the information provided during the visa application process remain important.
Is birthright citizenship being ended?
The new visa restriction policy should not be confused with a change that automatically ends birthright citizenship.
Birthright citizenship has been the subject of a separate legal and political dispute. President Donald Trump issued an executive order in January 2025 seeking to restrict birthright citizenship for certain children born in the US to parents who were unlawfully or temporarily present.
On June 30, 2026, the US Supreme Court ruled in Trump v. Barbara that children born in the United States to parents who are unlawfully or temporarily present are “subject to the jurisdiction” of the US and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause. The Court also cited the long-standing principle recognised in United States v. Wong Kim Ark.
Therefore, the September 23 visa announcement does not, by itself, remove birthright citizenship for children born in the US.
How many babies are born to foreign residents in the US?
There is no official US government figure that specifically counts people who travelled to the country on tourist visas with the intention of giving birth.
This distinction is important because available birth data are not the same as a count of “birth tourists”.
CDC data show that 3,628,934 births were registered in the US in 2024. The CDC’s natality database also contains information on births to US residents and non-residents, but those figures do not establish how many mothers travelled specifically for birth tourism.
A figure of about 9,500 births to foreign-resident mothers has been cited in recent reporting. However, this number refers to births to mothers whose residence was outside the US and should not be treated as a count of birth tourists.
Why is the US targeting birth tourism?
The Trump administration says the policy is intended to prevent fraud, protect the integrity of the US immigration system and prevent the misuse of public benefits.
In his September 23 statement, Rubio said the administration was targeting people who profit from commercial birth tourism and visa fraud. The announcement also specifically refers to alleged fraudulent use of Medicaid by some foreign medical providers involved in these arrangements.
The policy therefore focuses on the broader networks behind commercial birth tourism rather than treating pregnancy itself as grounds for visa restrictions.
What does this mean for Indian travellers?
For Indian travellers, the basic rule is not new: a visitor visa cannot be used for birth tourism when the primary purpose of the trip is to give birth so that the child can obtain US citizenship.
The September 23 announcement adds another layer by specifically targeting people who organise, facilitate or profit from commercial birth-tourism arrangements.
Applicants should therefore be particularly careful to provide accurate information in their visa applications and interviews. Anyone using an intermediary who coaches them to conceal the actual purpose of their travel could face serious immigration consequences.
At the same time, the new policy should not be interpreted as a blanket prohibition on pregnant Indian travellers visiting the US. The State Department’s existing visitor-visa rules distinguish between legitimate permitted travel, including medical treatment, and birth tourism undertaken primarily to obtain US citizenship for a child.
