The government of Donald Trump announced this Wednesday, September 23, new visa restrictions against foreigners who participate in or facilitate so-called "birth tourism," a practice that involves traveling to the United States primarily to give birth in the country. The measure, announced by Secretary of State Marco Rubio, expands the administration's offensive against mechanisms that allow the use of visitor visas to obtain immigration benefits associated with the birth of a child on U.S. soil.
Rubio explained that the new restrictions will be applied under provisions of the Immigration and Nationality Act that allow for the denial of entry or stay of certain foreigners when their intended activities in the United States may have consequences deemed harmful to the country. The State Department maintains that the tool will allow action not only against individuals who resort to birth tourism but also against those who organize and profit economically from this activity.
The policy specifically targets those who participate knowingly in these operations, including owners, operators, and managers of commercial networks dedicated to facilitating such travel. It also includes intermediaries who prepare visa applicants to commit fraud, foreign medical providers who deliberately collaborate with these schemes, and others who assist in organizing or facilitating the fraudulent use of public benefits.
The White House had already established the framework for this policy on August 6, when Trump signed Executive Order 14419 to end birth tourism. The document defines as such the entry of a foreigner using a non-immigrant visa for the purpose of giving birth in the United States, as well as efforts to facilitate that type of travel. The order instructed the State Department and the Department of Homeland Security to take measures to prevent the issuance of visas, revoke travel authorizations, and, when appropriate, deny entry to those who participate in these practices.
The State Department already establishes that birth tourism is not allowed under a visitor visa when the primary purpose of the trip is to give birth to obtain U.S. citizenship for the child. The new policy seeks to reinforce that prohibition and focus specifically on the commercial networks that, according to the administration, turn the visa system into a mechanism to facilitate that goal.
