Trump Orders State and Homeland Security to Bar — and Permanently Ban — Visitors Who Come to the U.S. to Give Birth

President Trump signed an executive order on Aug. 6, 2026, titled “Ending Birth Tourism,” delegating to the Secretary of State and the Secretary of Homeland Security his authority under section 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1185(a), to restrict entry. The order defines “birth tourism” as the entry of any foreign national on a nonimmigrant visa for the purpose of giving birth on American soil, or any effort by a foreign national to facilitate such an entry. It directs the two departments to update rules, policies and operational guidance as necessary, and lists measures they may take: denying entry or any visa or travel authorization; revoking the visa or travel authorization and “permanently barring entry” of anyone who enters or attempts to enter for that purpose; denying entry to or removing anyone who previously engaged or plans to engage in it; and taking action against entities, organizations or individuals inside or outside the United States who facilitate it. All other agencies must supply records and information needed to implement the order.

The order pairs with the birthright citizenship order signed the same day, which treats a commercial transaction to be present in the U.S. to give birth as grounds to deny citizenship documents. Together they approach the same conduct from both ends — barring the travel and withholding recognition of the resulting child’s status. The visa-revocation and permanent-bar provisions are framed as discretionary, and the order sets no evidentiary standard for determining a traveler’s purpose.

Either Secretary may exempt a foreign national on humanitarian grounds or where entry is in the national interest. The order states no effective date and no implementation deadline. No court has ruled on it.