What Is Birth Tourism and Why Is It Now Illegal?

Birth tourism refers to the practice of travelling to the United States on a tourist or work visa with the sole purpose of giving birth there so that the newborn receives automatic US citizenship. The practice has existed for years and is used by families from around the world, including Brazil.

What Did Trump's Decrees Actually Say?

President Donald Trump signed two executive orders on Friday, August 6, targeting birth tourism. The measures aim to restrict automatic US citizenship in four specific situations:

  • Children born to women who entered the US exclusively to give birth through a commercial birth-tourism scheme.
  • Children born through surrogacy arrangements used for the same purpose.
  • Children born in US territories that are not among the 50 states — such as Puerto Rico — though this change would require Congressional approval.
  • Children of individuals classified as "foreign enemies" by the US government, including members of designated terrorist groups.
  • Children of foreign diplomatic staff working for another government inside the United States.

How Could This Affect Brazilian Families?

Brazil has been one of the main countries whose families hire companies to organise the entire birth-tourism process — flights, accommodation, hospital bookings and legal paperwork. Under the new decrees, pregnant women who are found to be hiding the true reason for their trip could have their visas revoked, face a permanent ban from entering the United States, or even be deported.

Importantly, according to Axios, the measures are expected to apply only to future births. Brazilians who already have children born in the United States would not be affected.

Was This Already Restricted Before?

Yes. The US already prohibited tourist visas for foreign nationals whose primary goal was to obtain citizenship for a child born there. Border agents also had the authority to turn back pregnant women if they concluded the sole purpose of the trip was to give birth. Trump's decrees represent a significant escalation of that existing policy.

Key Facts:
  • Trump signed two executive orders on August 6 targeting birth tourism.
  • The decrees target commercial schemes that organise births in the US for citizenship purposes.
  • Violators face visa revocation, permanent entry bans, or deportation.
  • The rules are expected to apply to future births only — existing US-born children are not affected.
  • Brazilian families have historically been among the users of birth-tourism services.