United StatesOrder directs agencies to act against birth-tourism visa efforts
The order directs the State and Homeland Security Departments to update guidance and consider denying visas or entry for birth-tourism purposes.
What it does
The order lets the Secretaries of State and Homeland Security issue or adopt rules and guidance needed to carry it out under immigration law.
Officials may deny visas or entry, revoke travel permission, permanently bar entry, remove people, or act against facilitators tied to birth tourism.
The Secretaries may grant humanitarian or national-interest exemptions, but implementation remains subject to law and available funding and creates no enforceable private benefit.
Argument forTargeting visa applications made for childbirth could focus consular and border resources on visitors using temporary visas for their stated purposes.
Argument againstDiscretion to deny entry, revoke permission, remove people, or permanently bar entry could cause severe immigration consequences, despite possible exemptions.
More detail
The President delegates implementation authority to the Secretaries of State and Homeland Security. The delegation covers rules, policies, operating instructions, and other guidance related to this order. The Secretaries may use this authority only as needed to implement the order. Their actions remain subject to applicable law.
The Secretaries must take needed steps against birth-tourism efforts, and may use several listed enforcement actions. Birth tourism means entering or helping someone enter the United States on a temporary visa to give birth in the country. Possible actions include denying visas or entry, revoking travel permission, permanently barring entry, removing a person, and acting against facilitators. These actions remain within the Secretaries' legal authority and discretion.
The Secretaries may exempt a foreign national from actions taken under the order. The exemption applies to foreign nationals who would otherwise face action under this order. An exemption may be based on humanitarian grounds or the national interest. The order must be carried out consistently with applicable law and available appropriations. The order does not create a privately enforceable right or benefit.
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Where it stands
- Signed
- Published
History
- 2026
- Aug 11Published in the Federal RegisterPublished
- Aug 6Signed by President Donald TrumpSigned
ImmigrationGovernment & EthicsNational Security