America already barred birth tourism. So what is US trying to stop now?

America is more than just a vacation destination for many expectant parents. Some travel to the country with the sole purpose of giving birth on American soil so their child can acquire US citizenship. But this practice has come under scrutiny in the United States, with the Trump administration taking steps to restrict birthright citizenship and curb birth tourism.In a video posted on Truth Social in May 2023, Trump said that if re-elected as president in the 2024 elections, he would sign an executive order on "day one" to curb birthright citizenship for children of parents who are illegally living in the country.During his first term, in January 2020, the Trump administration tightened the visa rules for B1 and B2 visas, saying that applications in this category may be rejected if the applicant’s main purpose for travelling to the US is to give birth. If America has already barred birth tourism, what are they trying to stop now?What is birth tourism?Birth tourism is the commercial practice in which foreign nationals come to the United States with the primary purpose of giving birth to obtain US citizenship for their child.On September 23, the US Secretary of State Marco Rubio announced new visa restrictions targeting foreign nationals who engage in or facilitate commercial birth tourism. It includes:Network operators: People who run birth tourism businesses and arrange travel.Visa “fixers”: Intermediaries accused of coaching applicants to commit visa fraud, helping them conceal the real purpose of their trip.Foreign medical providers: Medical professionals or providers who knowingly facilitate commercial birth tourism.Other facilitators: People who knowingly support, assist or enable commercial activity.The measure is being implemented under Section 212(a)(3)(C) of the Immigration and Nationality Act, which allows the State Department to deny visas to foreign nationals whose presence could have serious adverse foreign policy consequences for the US.Previously, on August 10, the US State Department announced that it had revoked 175,000 visas of foreign nationals who had violated visa terms, including more than 100 visas of North Africans who were alleged to be “birth tourists”.How does birthright citizenship work?The 14th Amendment to the US Constitution, passed by Congress in 1866 and ratified in 1868, states that anyone born in the United States is entitled to US citizenship, regardless of their parent’s immigration status.After returning to the White House, President Donald Trump signed an executive order in January 2025 seeking to restrict citizenship for certain children born in the country to parents who are unlawfully or temporarily present in the US.However, on June 30 this year, the Supreme Court rejected the administration’s attempt to restrict citizenship, ruling that the 14th Amendment guarantees US citizenship to children born in the United States to lawful temporary visitors and undocumented immigrants.According to the Center for Immigration Studies (CIS), around 20,000 to 25,000 mothers came to the US for birth tourism during 12 months spanning 2016 and 2017. In a separate 2019 analysis, CIS estimated that about 33,000 babies are born annually to women on tourist visas, alongside another 39,000 births to foreign students, guest workers and others on long-term temporary visas, bringing the estimated total to roughly 72,000 births a year to non-immigrants. The Centers for Disease Control and Prevention recorded a provisional 3.6 million births in the US in 2025.Why is the US seeking to curb birth tourism?Rubio accused “fixers” of coaching applicants to lie about the real purpose of their travel and charging hefty fees to arrange births in America.“Foreign commercial networks specialising in birth tourism have exploited the US immigration system to sell US citizenship for profit,” he said.“By restricting visa issuance of those who both engage in and profit from this fraud, we are sending a clear message: The United States will not allow foreigners to exploit our immigration system and violate the sanctity of US citizenship,” he added.Dr. Ashok Sharma, Visiting Fellow, University of New South Wales Canberra at Australian Defence Force Academy, told TOI:How will this policy impact Indians?The new restriction is likely to impact many Indians seeking temporary visits to the US.“The policy could lead to stricter scrutiny of applications where consular officers suspect birth-tourism intentions. However, it should not mean automatic denial for genuine visitors. The key issue will be whether applicants can demonstrate a legitimate temporary purpose and their intention to comply with US visa conditions,” said Sharma.The number of visitor visas issued has risen sharply from pre-COVID levels, increasing from 9.2 million in FY 2019 to 11.7 million in FY 2025.A new report released last week by the US Government Accountability Office (GAO) found that Indians seeking visitor visas had to wait 346 days for an interview in FY 2025. According to US State Department data reviewed by the GAO, India accounted for 1,455,255 non-immigrant visa (NIV) applications in the same year.What prompted the move?The September 23 measure follows efforts to curb the misuse of birthright citizenship through birth tourism.A case that previously drew attention involved Chinese billionaire Xu Bo, who reportedly fathered more than 100 children in the US through surrogacy. A surrogate hired for the same, who identified herself as “Judy” to protect her privacy, said she saw an advertisement on Instagram offering $120,000 for surrogacy and was told the intended father was a single man seeking a large family, according to Canadian media outlet CBC News.Xu also allegedly told a judge during a hearing that he wanted to have 20 or more US-born children, particularly sons, whom he hoped would eventually take over his business. His former partner has alleged he has 300 children, while he has custody of only 12 children born in the US through surrogacy, The Wall Street Journal reported.What happens nextThe constitutional principle of birthright citizenship remains unchanged in the US. The latest policy instead targets those who help make birth tourism possible, from visa “fixers” and medical providers to businesses arranging such trips. The focus is shifting from the child born in the US to the business built around getting there.For Indians, the policy could bring greater scrutiny at the visa window, with B1/B2 applicants facing closer checks and even longer waits.You use AI every day. Now get your AI Quotient. Take the AIQ test.