Trump's Birth Tourism Crackdown Against Pregnant Travelers Explained

Homeland Security Secretary Markwayne Mullin announced on Thursday that the Trump administration is exploring potential restrictions to prevent pregnant women from entering the United States in their final stages of pregnancy. This move is part of a broader effort to curb so-called birth tourism, where foreign nationals travel to the U.S. to give birth and secure citizenship for their children.

Speaking to Fox News, Mullin said his department is collaborating with the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) to develop new rules that would target women in their third trimester. He suggested that these restrictions could help curb birthright citizenship, noting that his own OB-GYN advised against late-term pregnancies.

A DHS spokesperson clarified that while giving birth in the U.S. is not unlawful, the department is primarily concerned with addressing potential federal law violations, including visa fraud. The administration's executive order, signed on August 6, directs the secretaries of State and Homeland Security to prevent foreign nationals from entering the country using nonimmigrant visas for birth tourism purposes.

The order does not outright forbid pregnant women but targets those whose entry is primarily for the purpose of giving birth in the U.S. or arranging such travel.

According to Leon Fresco, a former deputy assistant attorney general, the administration can enforce the order by closely examining travelers at U.S. Customs and Border Protection checkpoints. If an officer suspects a traveler is close to giving birth, they could be subjected to additional questioning and possibly denied entry. However, the order's effectiveness remains uncertain, as there is no concrete evidence of the scale of birth tourism or the extent of the issue.