US targets ‘birth tourism’ networks: What the new visa restrictions mean for Indians

The US has moved to tighten the screws on “birth tourism”, targeting not just foreign travellers who seek to give birth in America for their child’s citizenship, but also the commercial networks that help arrange such trips.

The latest move came on September 23, when Secretary of State Marco Rubio announced visa restrictions against people involved in commercial birth-tourism operations. The policy follows an August executive order directing US agencies to take action against birth tourism and comes amid a broader tightening of US immigration and visa enforcement.

What is birth tourism? 

“Birth tourism” generally refers to foreigners travelling to the US primarily to give birth, with the aim of obtaining US citizenship for their child.

The US State Department already says that birth tourism is not a permissible purpose for a visitor visa. A B-1/B-2 visa can be used for tourism, business or medical treatment, but not when the primary purpose of the trip is to give birth to obtain US citizenship for the child.

That rule dates back to January 2020, when the State Department amended its B-visa regulations to allow consular officers to deny applications when they had reason to believe an applicant's primary purpose was giving birth in the US to secure citizenship for the child.

What has changed now? 

The September 23 policy expands the focus to the people and businesses facilitating birth tourism.

According to the US government, restrictions can target:

• Owners, operators and managers of commercial birth-tourism networks 
• Visa “fixers” who coach applicants to misrepresent information 
• Foreign medical providers knowingly facilitating such arrangements 
• People who assist or enable commercial birth-tourism operations 
• Certain family members of people covered by the restrictions 

The administration says some commercial networks advertise packages, coach applicants on how to conceal their intentions from visa officers and charge substantial sums to arrange childbirth in the US.

The restrictions are being pursued under Section 212(a)(3)(C) of the Immigration and Nationality Act, which deals with foreign-policy-related grounds of inadmissibility.

Are pregnant travellers automatically banned? 

No. The new policy is not a blanket ban on pregnant foreign nationals travelling to the US.

The key issue remains the purpose of travel and compliance with visa rules. A pregnant traveller seeking legitimate medical treatment or visiting the US for another permissible purpose is not automatically engaging in birth tourism.

However, someone who applies for a visitor visa while concealing an intention to travel primarily to give birth could face serious consequences. Intentional misrepresentation or fraud in obtaining a visa can result in permanent visa refusal or denial of entry.

What it means for Indian travellers? 

For Indian families, the distinction is important. The latest restrictions do not create a new rule specifically targeting Indians. Indian applicants are subject to the same US visa standards as other foreign nationals.

Someone applying for a B-1/B-2 visa must be able to establish the legitimate purpose of the trip, demonstrate the ability to cover expenses and satisfy the consular officer that they intend to leave the US after the temporary visit.

The bigger risk is for applicants who use agents or intermediaries to hide the actual purpose of their travel or provide false information.

How it fits into Trump's wider immigration policy? 

The September action follows Executive Order 14419, signed by President Donald Trump on August 6, which directed the State Department and Department of Homeland Security to take steps to prevent entry or visa issuance to people seeking to enter the US for birth tourism.

The order also allows agencies to consider visa revocation, denial of entry and other measures against people and entities involved in facilitating such arrangements.

The administration has simultaneously been expanding visa screening and vetting across several categories. The State Department said in September that additional nonimmigrant visa applicants would be subjected to expanded online-presence review from October 1.

What about US citizenship for children born there? 

This is where the issue becomes more complicated.

The administration's August orders also sought to narrow the circumstances in which certain children born in the US would receive birthright citizenship, including cases involving commercial arrangements to obtain citizenship. The White House says the policy is intended to address what it describes as exploitation of the citizenship system.

However, the citizenship-related measures have faced ongoing legal challenges. A federal judge in Maryland has blocked the administration's latest attempt to restrict birthright citizenship while litigation continues.

That means the visa crackdown and the separate legal battle over birthright citizenship should not be treated as the same policy.