WASHINGTON — The U.S. Department of State’s Bureau of Consular Affairs has issued a formal warning to foreign nationals attempting to enter the United States on tourist visas for the purpose of “birth tourism,” where travelers seek to give birth in the U.S. to secure automatic citizenship for their child.
The department emphasized that such actions violate U.S. immigration law and are unacceptable. Consular officers are now actively identifying and denying visa applications linked to this practice.
“It is unacceptable for foreign parents to use a U.S. tourist visa with the primary goal of giving birth in the United States to obtain citizenship for their child, potentially at the expense of American taxpayers,” the Bureau of Consular Affairs stated. “U.S. consular officers are instructed to deny all such visa applications.”
Officials also warned that individuals abusing the immigration system through birth tourism may face long-term consequences, including being barred from future travel to the U.S. “This measure underscores our commitment to protecting American taxpayers and communities,” the statement added.
The Department of State stressed that consular officers will deny tourist visas if applicants are found to be primarily traveling to the U.S. for childbirth purposes. Although no specific laws prohibit pregnant foreign nationals from entering the U.S., admission is determined by U.S. Customs and Border Protection (CBP) officers at the port of entry. Officers may deny entry if it is determined the traveler is likely to require government-funded medical care.
CBP guidance clarifies that officers will consider factors such as the applicant’s due date, length of intended stay, and proof of sufficient medical insurance to cover any expected or unexpected medical needs while in the U.S.
The Department’s crackdown follows a January 24, 2020 regulation amendment aimed at combating birth tourism. Under the new rules, consular officers are instructed to deny B visa applications if there is reason to believe the primary purpose of travel is childbirth to obtain U.S. citizenship for a child. However, consular officers are not permitted to directly ask visa applicants if they are pregnant unless there is a specific reason to do so.
According to the State Department’s guidance under 9 FAM 402.2-4(A), consular officers must presume that applicants intending to give birth in the U.S. are traveling primarily to obtain citizenship benefits unless the applicant can clearly demonstrate otherwise. Acceptable reasons to rebut the presumption include traveling for urgent family matters or specialized medical care unavailable in the applicant’s home country.
The guidance highlights the sensitive nature of the subject and directs officers to conduct private interviews when necessary. Officers are prohibited from routine pregnancy inquiries or requiring proof of non-pregnancy without specific cause.
Past reports indicated that more than 10,000 foreign tourists per year traveled to the United States to give birth. In 2015, federal authorities raided hotels and apartments in California that offered “birth tourism” packages.
Former President Donald Trump frequently criticized the policy of granting automatic citizenship to those born on U.S. soil, although birthright citizenship remains constitutionally protected. The administration’s actions instead focused on tightening visa regulations to curb the practice.
