The U.S. Department of State announced a new visa restriction policy on September 23, 2026 targeting foreign nationals who knowingly engage in, previously engaged in, or facilitate commercial birth tourism to the United States.
Secretary of State Marco Rubio said the policy is being implemented under section 212(a)(3)(C) of the Immigration and Nationality Act, a foreign-policy ground of InadmissibilityA finding that a person is not eligible for a visa, admission or a green card under the grounds listed in INA 212(a). The grounds cover health, crimes, security, public charge, misrepresentation, unlawful presence, prior removal and others. Some grounds can be waived.See it in the glossary. The Department said the restrictions may reach people who operate or manage commercial birth tourism networks, visa fixers who coach applicants to make fraudulent representations, foreign medical providers who knowingly facilitate such travel and fraudulent use of Medicaid, and others who knowingly support commercial birth tourism operations.
The State Department also said certain family members may be covered by the restrictions.
What changed on September 23
The announcement creates a specific visa restriction policy aimed not only at travelers accused of engaging in birth tourism but also at people and businesses that knowingly facilitate or profit from commercial birth tourism networks.
The Department described such networks as businesses that arrange travel to the United States for the purpose of giving birth on U.S. soil and, in some cases, coach customers to misrepresent the purpose of their travel on visa applications.
How this fits with existing visitor visa rules
Birth tourism was already not a permissible basis for issuance of a B visitor visa. State Department visitor-visa guidance defines birth tourism as travel whose primary purpose is giving birth in the United States to obtain U.S. citizenship for the child.
The September 23 action is therefore broader than the existing rule governing an individual visitor visa application. It expressly targets facilitators and commercial networks and invokes INA section 212(a)(3)(C) as the legal basis for the new visa restriction policy.
Who may be affected
According to the State Department announcement, potential targets include owners, operators and managers of commercial birth tourism businesses, intermediaries who coach visa applicants to commit fraud, foreign medical providers who knowingly facilitate the travel and fraudulent use of Medicaid, and other individuals who knowingly enable the activity.
The announcement does not say that pregnancy by itself makes a person ineligible for a U.S. visitor visa. Existing State Department guidance focuses on whether the primary purpose of the proposed travel is to give birth in the United States to obtain citizenship for the child.
Related birth tourism enforcement
The new policy follows other administration actions aimed at birth tourism. The State Department previously created a Birth Tourism Prevention Task Force to review visa-holder activity and identify alleged birth tourism networks. The administration has also pursued broader measures addressing birth tourism through executive action.
Some of those broader actions have faced litigation. The September 23 visa restriction announcement is a separate State Department action focused on visa eligibility for people the government determines are involved in or facilitate commercial birth tourism.
What to watch next
The State Department announcement does not provide a public list of designated individuals or networks, nor does it set out a separate application procedure for people potentially affected. Implementation details may become clearer through consular guidance, individual visa decisions or subsequent State Department announcements.
Primary sources: U.S. Department of State; State Department visitor visa guidance.