Recently, Politico obtained a telegram from the U.S. State Department indicating that the visa restrictions will continue to be tightened.
The telegram indicates that the Trump administration has ordered U.S. diplomats to review certain visa and travel records for the years 2020 and beyond, in order to trace cases of “birth tourism” and “birthing in the U.S.” over the past six years or more.
According to the telegram content and other recent statements from the U.S. Department of State, foreign citizens who are identified as participating in the 'birth in the U.S.' scheme may face the cancellation of their existing U.S. visas, or difficulty in obtaining new visas to travel to the United States in the future.
According to a report published by Politico on October 9th, on the 6th local time, Secretary of State Rubio’s office sent this telegram to US embassies around the world, providing guidance on how to handle 'suspected fertility tourism cases'.
The term “birth tourism” is sometimes used to describe the practice where foreigners ostensibly travel to the United States, but actually do so to have children so that the newborns can obtain American citizenship. According to U.S. immigration laws, travel with the primary purpose of having children is not a valid reason for obtaining a tourist visa.
In August this year, the U.S. Department of State announced the establishment of a new task force dedicated to handling cases related to “fertility tourism”. A statement issued in mid-August stated that the task force had revoked approximately 600 visas.
In a telegram dated June 6th, the U.S. State Department provided detailed information to U.S. diplomats regarding which cases needed to be submitted to the task force.
For example, they were informed that a review of the flight passenger data from January 24, 2020 to August 1 of this year was required, and the review must be completed by the end of November.
According to this telegram, non-US citizens may also face stricter scrutiny of their travel records when applying for American passports at US embassies around the world.
The telegram also stated that family members suspected of assisting with the procedures for "birth tourism" (not limited to parents) may also have their US visas revoked.
Politico claims that on January 24, 2020, this date may refer to a regulatory order by Trump issued during his first term aimed at limiting tourism related to childbirth. The order took effect on the same day. This regulation was not strictly enforced in Trump's final year in office and the Biden administration did not prioritize it as a priority issue.
In May last year, protesters gathered outside the Supreme Court, calling for a stop to Trump’s executive order aimed at abolishing “birth citizenship”.
Restricting “birth citizenship” has always been a priority in Trump’s immigration policies.
The concept of birth citizenship has been in use in the United States for over a century. According to the Fourteenth Amendment of the Constitution, anyone born in the United States automatically acquires citizenship, regardless of their parental status. In January 2025, after returning to the White House, Trump signed an executive order that stipulates newborns whose parents are not American citizens or legal permanent residents cannot automatically obtain U.S. citizenship.
But on June 30th, the U.S. Supreme Court ruled to prevent this administrative order from taking effect.
In August this year, Trump once again stated that he would crack down on videos related to “birth tourism”.
On August 6, Trump signed two executive orders attempting to restrict the scope of ‘birth citizenship’ in a new and more limited manner. The first executive order lists certain foreign nationals who are not eligible for ‘birth citizenship’ among their new-born children in the United States. The second executive order targets ‘birth tourism’, which involves traveling to the US to give birth, thereby enabling newborns to obtain American citizenship.
On that day, Trump spoke at the Oval Office of the White House, saying that the Supreme Court's decision on June 30 this year was a "very unfortunate decision," and he condemned "people who are trying to exploit fertility tourism for their business interests."
"Things shouldn't be like this. This is too shameful. They bought their way into things with money, and we won't let them get away with it." he said.
White House Deputy Chief of Staff Stephen Miller also said: “As of the date of this executive order, this practice of ‘birth tourism’ is prohibited.”
The Trump administration asserts that the new executive order is not within the jurisdiction of the previous Supreme Court rulings, as it aims to reinterpret the narrow historical exception regarding citizenship at birth and expand the scope of people who are ineligible for such benefits.
As of now, there is no official statistics on how many foreigners come to the United States specifically to have children and obtain American citizenship. There are also no statistics on the losses caused to American taxpayers by this practice.
Reuters previously cited data stating that a 2020 analysis by the American Immigration Research Center estimated that between 20,000 and 25,000 mothers traveled to the United States for "birth tourism" during the year 2016 to 2017. By 2025, the number of newborns in the United States is expected to reach 3.6 million.
According to a report released by the Pew Research Center in March this year, in 2023, undocumented immigrants or mothers with temporary status gave birth to a total of 320,000 babies in the United States, which accounted for about 9% of the total number of newborns in the country that year—which was 3.6 million.
Pew Research Center data
However, Reuters pointed out that these new executive orders by Trump are likely to still face legal challenges.
Legal experts say that, given the previous rulings of the Supreme Court, it is unclear what impact these executive orders will have. “Immigration Rights Advocates,” on the other hand, believe that these orders are an attempt by the Trump administration to circumvent the decisions of the Supreme Court. The American Civil Liberty Alliance predicts that these orders will be unsuccessful in court.
Additionally, identifying applicants who intend to engage in 'birth tourism' during the visa application process is also a very challenging task.
According to an American official familiar with visa processing procedures, US diplomats generally do not allow them to ask visa applicants whether they are pregnant, nor do they allow them to assume that childbirth is the main reason for their desire to visit the United States.
Not only has Trump targeted 'birth citizenship', but he has also made immigration a focal point during his second term, continuously tightening immigration policies. These policies affect everyone, from undocumented immigrants and students to high-skilled workers. Since Trump returned to the White House, the U.S. Immigration and Customs Enforcement (ICE) has carried out enforcement actions against immigrants in several American cities.
In August this year, according to US media reports, the Trump administration is preparing to revoke business (B1) and tourist visas (B2) for up to 200,000 foreigners who have applied or are seeking asylum in the United States. The US Department of Homeland Security has announced plans to charge applicants for new H-1B work visas a fee of over $100,000, and this fee must be paid before the government makes a decision on the application.
According to reports, if this measure is implemented, it will be the largest single “visa revocation operation” in American history.
