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US announces new visa restrictions for birth tourism, lists those affected

The United States (US) has announced new visa restrictions targeting individuals who engage in or facilitate commercial birth tourism, as the government moves to prevent the practice of exploiting its immigration system.

US Secretary of State Marco Rubio announced the policy on Wednesday, September 23, under Section 212(a)(3)(C) of the Immigration and Nationality Act.

The restrictions will target people who knowingly engage in, have engaged in, or facilitate birth tourism to the US.

Rubio explained that those affected include:

  1. Birth tourism network operators – Owners, operators and managers of commercial networks that arrange such trips.
  2. Visa “fixers” – Individuals who coach applicants to commit fraud or misrepresent their travel purpose.
  3. Foreign medical providers – Healthcare providers who knowingly facilitate birth tourism or fraudulent use of Medicaid.
  4. Other facilitators – People who support, assist or enable commercial birth tourism.

“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,” Rubio stated.

Birth tourism refers to travelling to the US primarily to give birth so a child can obtain American citizenship. The State Department already states that this is not a permissible purpose for obtaining a visitor visa.

The latest policy builds on the Trump administration’s broader efforts to restrict birth tourism. Certain family members of people covered by the new restrictions may also be affected.