Under my authority as President, as provided by the Constitution and U.S. laws, the following is ordered:
Section 1. Purpose. U.S. citizenship is one of the highest honors our nation can offer. It signifies a deep connection between citizens and their country, reflecting the significant rights, privileges, and duties that come with allegiance to the United States and its Constitution. Citizenship should not be obtained through manipulation or evasion of immigration laws, such as entering the U.S. on a nonimmigrant visa just to give birth here.
Operators of birth tourism schemes use misleading promotions to lure foreign nationals to the U.S. with the intent of giving birth on American soil. They promise citizenship, access to public benefits, and short-term accommodations in specialized facilities or hotels but often fail to fulfill these promises. These operators instruct clients to lie about their travel intentions to consular and border officials to secure entry visas. The lack of effective action against these schemes has allowed industries worldwide to thrive, exploiting U.S. immigration laws to gain citizenship and other benefits for foreign visitors, and taking advantage of the women who travel for childbirth purposes.
U.S. immigration laws define specific categories of temporary nonimmigrant visas for purposes like study, exchange, temporary work, and tourism, which are being misused by birth tourism operators. Participants in these schemes exploit these visa categories to establish a long-term presence in the U.S., securing citizenship for their children and possibly for themselves.
Birth tourism, as defined in section 3 of this order, compromises the nation’s immigration system by allowing foreign nationals to misuse their temporary entry to gain permanent immigration benefits. It diverts limited consular and enforcement resources from legitimate visa applicants, undermines public trust in the enforcement of immigration laws, and weakens the executive branch’s capacity to protect national security.
The U.S. has a strong interest in ensuring that each visa category is used solely for its intended purpose. Foreign nationals seeking temporary entry must comply with the purposes authorized by Congress, without circumventing immigration laws to secure lasting benefits inconsistent with their nonimmigrant status.
Thus, it is the policy of the U.S. to uphold the integrity of its immigration system, ensuring that nonimmigrant visa categories are used properly and preventing their exploitation by those involved in birth tourism.
Sec. 2. Authorities. According to section 301 of title 3, United States Code, the authority granted to the President under section 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1185(a), is delegated to the Secretary of State and the Secretary of Homeland Security as needed to implement this order, including the ability to issue or adopt rules, policies, or guidance to enforce this order.
Sec. 3. Definition. For this order’s purposes, “birth tourism” is defined as:
(a) The entry of any foreign national into the U.S. on a nonimmigrant visa to give birth on American soil; or
(b) Any attempt by a foreign national to facilitate the entry of another foreign national into the U.S. for the purpose of giving birth on American soil.
Sec. 4. Scope and Implementation. (a) The Secretary of State and the Secretary of Homeland Security shall take actions and update any rules, policies, or guidance necessary to enforce the policy set in this order. Actions may include preventing entry into the U.S. or denying visas to any individual attempting to engage in birth tourism; revoking visas and permanently barring entry of those who attempt to engage in birth tourism; and taking action against individuals or entities facilitating birth tourism.
(b) All relevant executive departments and agencies must provide necessary records and information to the Secretary of State and the Secretary of Homeland Security to implement this order, subject to applicable law.
Sec. 5. Exemptions. Despite the restrictions of this order, the Secretary of State or the Secretary of Homeland Security may exempt a foreign national from actions taken under this order for humanitarian reasons or if their entry is in the national interest, as determined by the Secretary of State or the Secretary of Homeland Security.
Sec. 6. General Provisions. (a) This order does not affect:
(i) The authority granted by law to any executive department or agency, or its head; or
(ii) The functions of the Director of the Office of Management and Budget related to budgetary, administrative, or legislative proposals.
(b) This order shall be enforced in line with applicable law and is subject to funding availability.
(c) This order does not create any legal rights or benefits enforceable by any party against the United States, its departments, agencies, officers, employees, or agents.
(d) If any part of this order is found invalid, the rest of the order remains unaffected.
(e) The Department of Homeland Security will cover the publication costs of this order.
DONALD J. TRUMP
