The president signed an executive order directing federal agencies to prevent foreign nationals from using temporary visas to travel to the United States for the purpose of giving birth.
The document, released Aug. 11, 2026, in the Federal Register, defines birth tourism as entering or facilitating entry into the country on a nonimmigrant visa to give birth on American soil. The president signed the order on Aug. 6, 2026.
According to the order, temporary nonimmigrant visas are established for specific transitory activities such as study, exchange, temporary employment, and tourism. The order states that foreign visitors must adhere to the purposes authorized by Congress and cannot use these visa categories to secure citizenship for their children.
Birth tourism operators entice foreign nationals with promises of citizenship, access to public benefits, and short-term stays in specialized facilities, hotels, or rentals, the order says. These operators coach clients to misrepresent the purpose and duration of their travel to border officials to obtain entry visas.
The order states that these schemes undermine the integrity of the immigration system, exploit the women traveling to give birth, and divert consular resources away from legitimate visa applicants.
To enforce the policy, the president delegated authority to the Secretary of State and the Secretary of Homeland Security. The agencies are directed to update rules, policies, and operational guidance to prevent the entry of anyone attempting to engage in birth tourism.
The order authorizes officials to deny visas, revoke travel authorizations, and permanently bar entry to individuals involved in the practice. Agencies may also remove foreign nationals who previously engaged in birth tourism and take appropriate action against entities and individuals worldwide that facilitate it.
The Secretary of State or the Secretary of Homeland Security may grant exemptions to the restrictions. These exemptions can be applied on humanitarian grounds or if a foreign national’s entry is determined to be in the national interest. Other executive departments are directed to provide necessary records and information to assist in implementing the order.