Washington is now going after the businesses and middlemen behind “birth tourism“, not just the travellers who use them. On September 23, Secretary of State Marco Rubio announced visa restrictions on anyone involved in commercial operations that arrange trips to the US for childbirth. The step follows an executive order issued in August and arrives while US visa and immigration enforcement is getting stricter overall.

What counts as birth tourism?

The term describes travel to the United States mainly so a baby can be born there and receive American citizenship.

None of this is new as a visa rule. The State Department already says a B-1/B-2 visitor visa can be used for tourism, business or medical treatment, but not for a trip whose main aim is to give birth and secure citizenship for the child. Since January 2020, consular officers have been allowed to refuse an application if they believe that is the real purpose.

What is different this time?

The September 23 announcement shifts attention from the applicant to the people who organise the trips. According to the US government, the restrictions can be applied to :

  • Commercial birth-tourism network owners, operators, and managers
  • Visa “fixers” who coach applicants to give misleading answers
  • Overseas medical providers who knowingly take part in these arrangements
  • Anyone else who helps such operations run
  • Certain relatives of people covered by the restrictions

    • Officials say some of these networks sell all-inclusive packages, train clients to hide their intentions from visa officers, and charge large fees to arrange a US delivery. The measures rely on Section 212(a)(3)(C) of the Immigration and Nationality Act, which covers inadmissibility on foreign-policy grounds.

    Are pregnant travellers now barred?

    No. This is not a blanket ban on pregnant foreign nationals visiting the US. What matters is why the person is travelling and whether they follow visa rules. Someone seeking genuine medical care, or visiting for another permitted reason, is not automatically a birth tourist.

    The danger lies in hiding the real purpose. An applicant who conceals that the main goal is giving birth in the US could face a permanent visa ban or be refused entry for misrepresentation or fraud.

    What it means for Indian families

    The new measures do not single out Indians. Applicants from India are held to the same standards as everyone else. A B-1/B-2 applicant has to show a genuine reason for the trip, prove they can pay for it, and convince the officer they will go home after a temporary stay.

    The greater risk is for people who rely on agents or intermediaries who hide the true purpose of travel or supply false details on their behalf.

    How this fits into the larger picture of policy

    The action builds on Executive Order 14419, which President Donald Trump signed on August 6. It told the State Department and the Department of Homeland Security to act to stop people seeking to enter the US for birth tourism from getting visas or entering the country. Agencies may also consider revoking visas, refusing entry and taking other steps against individuals and organisations that facilitate such travel.

    At the same time, screening is expanding elsewhere. The State Department said in September that more nonimmigrant visa applicants will face a wider review of their online presence starting October 1.

    What about birthright citizenship?

    This part is more complicated. The administration’s August orders also tried to limit which children born in the US receive citizenship, including cases involving commercial arrangements. The White House says the aim is to stop misuse of the citizenship system.

    Those citizenship measures are tied up in court, though. A federal judge in Maryland has blocked the administration’s most recent attempt to restrict birthright citizenship while the case continues. So the visa crackdown and the birthright citizenship fight are two separate policies and should not be treated as one.

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