US Secretary of State Marco Rubio/Image: AP
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. 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.
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. It includes: 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”. 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. If America has already barred birth tourism, what are they trying to stop now?
How will this policy impact Indians?
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. 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. India accounted for 1,455,255 non-immigrant visa (NIV) applications in the same year, according to US State Department data reviewed by the GAO.
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 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.