President Trump signed an executive order on August 6, 2026, directing the State Department and the Department of Homeland Security to crack down on 'birth tourism' — entering the United States on a nonimmigrant visa (such as a B-2 tourist visa) for the express purpose of giving birth on American soil. The order creates sweeping new enforcement powers, including permanent entry bans, and could affect any foreign national traveling to the US while pregnant.

Key Points

  • What: Executive order directing DHS and State Department to deny, revoke, and permanently bar nonimmigrant visa holders who enter or attempt to enter the US for the purpose of giving birth.
  • Who: Foreign nationals applying for or currently holding nonimmigrant visas (tourist, student, exchange, work, and others), particularly those who are pregnant or plan to become pregnant during a US stay.
  • When: No specific effective date stated; DHS and State Department are directed to update rules and guidance immediately.
  • Impact: Pregnant visa applicants or travelers may face heightened scrutiny at consulates and ports of entry, visa denial, revocation, or permanent bars on future entry.

What the Order Does

The executive order formally defines 'birth tourism' as:

  • Entering the US on a nonimmigrant visa for the purpose of giving birth, or
  • Facilitating another foreign national's entry for the same purpose.

This definition is intentionally broad. It doesn't just target commercial birth tourism operators — it covers any nonimmigrant traveler whose stated or perceived intent is to give birth in the US.

Powers Granted to DHS and State Department

The order delegates broad authority to the Secretary of State and the Secretary of Homeland Security to:

  • Deny visas to anyone suspected of intending to give birth in the US
  • Revoke existing visas if birth tourism intent is identified
  • Permanently bar entry to anyone who entered or attempted to enter for birth tourism
  • Remove individuals already in the US who are found to have engaged in birth tourism
  • Take action against operators and facilitators inside or outside the US who organize birth tourism services

Exemptions Exist — But Are Narrow

The order allows the Secretary of State or DHS Secretary to exempt a foreign national on humanitarian grounds or if entry is deemed to be in the national interest. These exemptions are discretionary, not guaranteed.

Who Facilitates Enforcement

All executive departments and agencies are required to share records and information with DHS and the State Department to support implementation. This suggests broad data-sharing across the federal government to identify suspected birth tourism cases.

The Context

This order is the latest in a series of White House actions aimed at tightening nonimmigrant visa categories and reducing pathways to US citizenship. The administration frames birth tourism as an exploitation of nonimmigrant visa categories and a drain on consular resources. The order does not change birthright citizenship law directly — that remains governed by the 14th Amendment — but it seeks to prevent foreign nationals from reaching the point of giving birth on US soil in the first place.

What You Should Do

  • If you are a pregnant nonimmigrant visa applicant: Expect heightened scrutiny at consular interviews. Be prepared to clearly document the purpose of your travel. Consult an immigration attorney before applying.
  • If you hold an active nonimmigrant visa and are pregnant: Understand that this order could be used to revoke your visa or deny entry at a port of entry. Legal counsel is strongly recommended before traveling.
  • If you facilitate or organize travel for pregnant foreign nationals: This order explicitly targets operators and facilitators — seek legal advice immediately.
  • If you are on an F-1, H-1B, or other work/study visa and happen to be pregnant: The order is aimed at those whose purpose of travel is to give birth, not at nonimmigrants already lawfully present. That said, re-entry after international travel while visibly pregnant may draw additional scrutiny.