Ending Birth Tourism

This executive order directs the Secretaries of State and Homeland Security to take actions to prevent "birth tourism" — the practice of foreign nationals entering the U.S. on nonimmigrant visas to give birth and secure citizenship for their children. The order delegates presidential authority under the Immigration and Nationality Act to bar entry, revoke visas, remove aliens, and penalize facilitators, with humanitarian and national-interest exemptions.

Federal Register Open PDF 91 FR 51993

Impact dates

Date TBD
Secretaries to take actions and update rules, policies, operational guidance as necessary

Key directives

Secretary of State and Secretary of Homeland Security shall take actions and update rules, policies, operational guidance to prevent birth tourism
Prevent entry or grant of visa/travel authorization to aliens seeking birth tourism
Revoke visas and permanently bar entry for birth tourism participants
Deny entry or remove aliens who engaged or plan to engage in birth tourism
Take action against entities/organizations/individuals facilitating birth tourism
All relevant agencies shall provide necessary records and information to State and DHS

Who is ordered

Timeline

Immediate

Policy declaration takes effect; Secretaries directed to begin implementation
Visa revocation and entry bar authorities become available

Near term (90d)

Updated rules, policies, and operational guidance expected
Interagency information sharing protocols to be established

Long term

Potential litigation challenging statutory and constitutional authority
Shifts in consular screening practices and visa adjudication standards
Possible diplomatic friction with affected countries

Risks & tensions

Statutory authority for citizenship denial is contested; 14th Amendment birthright citizenship doctrine may limit effectiveness
Delegation of INA 215(a) authority to Secretaries may face judicial scrutiny
'Permanent barring' language could trigger due process challenges
Vague 'other appropriate action' against facilitators raises First Amendment and association concerns
Humanitarian exemption provides discretionary escape valve but creates uneven application
Consular nonreviewability doctrine may shield some actions but not all from litigation
Resource strain on consular and border screening to detect pregnancy intent