The United States government has ordered a review of visa files and flight records from the past six years to identify potential cases of birth tourism, a practice that could lead to the revocation of visas not only for those involved but also for family members who facilitated these trips.
The instruction was sent by the Department of State, led by Marco Rubio, to U.S. embassies and consulates worldwide, as revealed this Thursday by the newspaper Politico, which obtained an internal diplomatic cable.
The document, distributed on Wednesday, orders the examination of information ranging from January 24, 2020, to August 1, 2026, with a deadline at the end of November to complete the review.
The objective is to detect foreigners who have used tourist visas to travel to the United States primarily to give birth and obtain U.S. citizenship for their children.
The start date coincides with the implementation of a regulation adopted during Donald Trump's first term, which allows for the denial of visitor visas when there are grounds to believe that the primary purpose of the trip is to obtain U.S. citizenship for a child through birth in the country.
More than 2,300 visas revoked and new reviews
According to the details from Politico, diplomatic missions must refer suspicious cases to the Working Group for Birth Tourism Prevention, established in August of this year.
Since its establishment, U.S. authorities have revoked more than 2,300 visas related to this practice, out of a total of over 250,000 visa revocations reported during the current administration.
The investigation could also extend to relatives who have participated in the organization or facilitation of the trips, even if they are not the parents of the minor born in the United States.
Additionally, consular officials will pay closer attention to the immigration history of foreign citizens applying for U.S. passports for their young children at embassies and consulates.
The review of a file does not automatically imply irregularity nor does it mean that all individuals who have given birth in the United States will lose their visas. Authorities will need to determine whether there are legal grounds to take action in each case.
Trump reinforces restrictions despite judicial limits
The new review is part of the immigration policy driven by Donald Trump to and the networks that facilitate these trips.
On August 6, Trump signed Executive Order 14419, titled “Ending Birth Tourism”, aimed at strengthening measures against birth tourism. Some of its provisions were subsequently blocked by a federal judge in Maryland.
Given this scenario, Marco Rubio announced new visa restrictions on September 23, based on Section 212(a)(3)(C) of the Immigration and Nationality Act.
The policy is specifically aimed at operators of commercial networks, intermediaries who help falsify requests, and other individuals who facilitate these trips.
Rubio then alleged that foreign birth tourism networks had exploited the U.S. immigration system to gain economic benefits by marketing services aimed at obtaining citizenship for newborns.
On the other hand, the Supreme Court reaffirmed on June 30, 2026, the constitutional protection of birthright citizenship, which limits attempts to restrict that right for children of foreign nationals born on U.S. soil.
The consular file review announced this week, on the other hand, focuses on the possible misuse of visas and on the individuals who may have facilitated such practices.
Esta medida forma parte de una serie de cambios en la política migratoria de EE.UU. que afectan a miles de personas. Sigue todos los detalles en nuestra sección de
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