Trump’s Birth Tourism Crackdown Against Pregnant Travelers Explained

Homeland Security Secretary Markwayne Mullin said Thursday that the Trump administration is working on possible restrictions aimed at preventing women in the late stages of pregnancy from entering the United States, describing the effort as part of a broader crackdown on so-called birth tourism.

The proposal would represent one of the administration’s most direct attempts yet to prevent foreign nationals from traveling to the United States to give birth and secure citizenship for their children, an issue that has become a major focus alongside President Donald Trump’s broader push to restrict birthright citizenship.

Speaking to Fox News, Mullin said he was working with the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) to work out how best to implement new rules that would prevent women in their third trimester from entering the country.

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The administration is implementing an executive order signed by Trump on August 6 that directs the secretaries of State and Homeland Security to prevent foreign nationals from using nonimmigrant visas to enter the country for what it defines as “birth tourism.”

The order does not categorically prohibit pregnant women from traveling to the U.S. Instead, it targets foreign nationals whose purpose in entering on a nonimmigrant visa is to give birth on U.S. soil, as well as those accused of helping arrange such travel.

It authorizes officials to consider denying or revoking visas and travel authorizations, rejecting travelers at the border, removing people who previously engaged in birth tourism and acting against facilitators. It also permits humanitarian and national-interest exemptions.

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“A federal regulation in place since 2020 bars women from getting tourist visas for the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States. It also establishes a presumption that women coming into the United States who will give birth during her stay are doing so for the purpose of obtaining U.S. citizenship for the child,” Frost said.

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Medical treatment remains a permissible reason for a B-2 visa visit. However, an applicant traveling for treatment must satisfy a consular officer that she has made arrangements with a medical provider and can pay the projected costs, including transportation and living expenses. Visitor-visa applicants must also demonstrate an intention to leave after their temporary stay and adequate financial arrangements for the visit.

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