At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On September 23, 2026, Secretary of State Marco Rubio announced a new visa restriction policy, under section 212(a)(3)(C) of the Immigration and Nationality Act (INA), aimed at those who take part in or facilitate commercial “birth tourism” networks.
Here is who the measure targets, what it does not change, and what to keep in mind if you are pregnant and have travel planned.
Who exactly does the measure target?
According to the State Department statement, the policy reaches those who knowingly engage in, have engaged in, or facilitate birth tourism. It specifically names:
- Operators of commercial networks that arrange these trips.
- Those who coach applicants to lie on the visa application or at the consular interview.
- Foreign medical providers who assist in facilitating such travel.
- Other facilitators who help conceal the true purpose of the trip.
The statement adds that certain family members of those individuals may also be covered by the restrictions. The Department describes the target as networks that advertise and coach foreign nationals to lie on U.S. visa applications and collect tens of thousands of dollars to arrange births on American soil.
What this measure does not change
This is worth stating plainly, because the headline is being read more broadly than it reads.
It does not change birthright citizenship. A person born in the United States still acquires citizenship under the Fourteenth Amendment; that question is being litigated elsewhere and is not what this announcement addresses.
It does not bar traveling while pregnant. Pregnancy is not, by itself, a ground of inadmissibility or an automatic reason to deny a visa.
It is not a new law. It is a visa restriction policy resting on an INA section that already existed, and it adds to the consular rule in place since 2020, which allows denial of a B visa when the officer concludes the primary purpose of the trip is to give birth in the United States to obtain citizenship for the child.
Can I travel to the United States while pregnant?
Yes — but the question that matters at the consulate and at the port of entry is a different one: what is the primary purpose of the trip?
A tourist, business, or family trip does not stop being one because the traveler is pregnant. What the consular rule looks for is a trip whose central objective is childbirth to obtain citizenship.
Legitimate medical treatment has its own path and is not prohibited: the applicant should be able to explain the treatment, show a care plan, and establish how it will be paid for, along with ties to the home country and intent to return.
What is a serious risk is misrepresentation. Stating a false purpose to a consulate or a CBP officer can trigger a fraud or willful misrepresentation ground under section 212(a)(6)(C)(i), whose consequences last far longer than a visa denial.
What should you do if you have travel planned?
- Make your story and your documents match. Itinerary, reservations, purpose, and ability to pay should all tell the same story.
- If the trip is medical, document it: a letter from the specialist, a scheduled appointment, an estimate, and proof of how it will be covered.
- Do not buy “packages” promising to arrange the birth and the citizenship. Those are exactly the networks the measure targets, and the client is exposed too.
- Never lie on the DS-160 or at the interview. A false answer weighs more, and for longer, than a denial.
- Get advice before traveling if your case is delicate, especially with open filings or prior denials.
Protect Your Immigration Status with Campos Law Firm
Between a legitimate trip and a years-long immigration problem there is often just one badly answered question at an interview. Our team reviews your situation before you buy the ticket, tells you which documentation supports your case, and assesses the real risks based on your history. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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