Administration directs tougher visa rules to curb birth tourism

What this does and who it affects

• Effective Aug 6, 2026, the President issued an executive order defining “birth tourism” as entering the U.S. on a nonimmigrant visa for the purpose of giving birth or facilitating that entry.
• It directs the Secretary of State and the Secretary of Homeland Security to update rules, policies, and guidance to prevent and punish birth tourism.

Key actions the order allows

• Prevent entry or refuse visas to people entering to give birth.
• Revoke visas or travel authorizations and permanently bar those who engage in birth tourism.
• Deny entry to, remove, or take other action against people who previously engaged in or plan to engage in birth tourism.
• Pursue actions against entities or individuals that facilitate birth tourism, inside or outside the U.S.

Implementation details

• The authority to carry out the order is delegated to the Secretaries of State and Homeland Security (section 2).
• Other federal departments and agencies must provide records and information as needed, consistent with law (section 4(b)).
• Exemptions may be granted by the Secretary of State or the Secretary of Homeland Security for humanitarian reasons or when entry is in the national interest (section 5).

Legal and budget notes

• The order must be implemented consistent with applicable law and available appropriations.
• It does not create enforceable private rights.
• Publication costs for the order are to be borne by the Department of Homeland Security (section 6).