2026 Birth Tourism Ban: Does Having a Baby in the US Still Get You a Green Card?

President Trump signed an executive order directing the Departments of State and Homeland Security to take sweeping action against 'birth tourism' — the practice of foreign nationals traveling to the United States on nonimmigrant visas specifically to give birth and secure birthright citizenship for their children. Under the order, U.S. consular officers are directed to deny visa applications when there is reason to believe the applicant intends to enter for the purpose of giving birth. Visas that have already been issued may also be revoked if such intent is discovered. Any individual found to have entered or attempted to enter the U.S. for birth tourism purposes may face a permanent bar from future entry. The executive order also targets entities and individuals — including agencies, facilitators, and service providers — that organize or profit from birth tourism arrangements. This signals potential enforcement actions beyond individual travelers. For EB-3 applicants and the broader immigrant community, this order underscores the administration's continued focus on closing perceived pathways to U.S. citizenship and permanent residency. While birthright citizenship through birth on U.S. soil does not itself confer a green card to the parent, the broader crackdown reflects a tightening of nonimmigrant visa scrutiny that may affect how consular officers evaluate all visa applications. Applicants with pending nonimmigrant or immigrant visa applications should be aware that stated travel purposes are under heightened review. Consulting an immigration attorney before travel is strongly advised.