Washington, Dec 12, 2025: The United States on Thursday reiterated that tourist visa applications will be denied if authorities determine that the primary purpose of travel is childbirth in the US to secure citizenship for the child. The US Embassy in India emphasized on X that such travel intentions are not permitted under current immigration rules.
The announcement comes in the wake of US President Donald Trump’s order, signed on January 20 this year, to end birthright citizenship, which traditionally grants citizenship to anyone born on American soil. This order has become a focal point of legal and constitutional debate.
Supreme Court to Rule on Constitutionality
The Trump administration’s policy on ending birthright citizenship has reached the US Supreme Court. The Court has agreed to hear the case to determine whether children born in the United States to parents who are in the country illegally or temporarily are entitled to American citizenship. If upheld, this order would effectively overturn more than 125 years of interpretation of the 14th Amendment, which guarantees citizenship to all born in the US.
Ending birthright citizenship was one of Trump’s first major immigration actions during his second term, reflecting his broader agenda to curb illegal immigration. Other measures in his administration have included heightened enforcement operations in several cities and invoking the 18th-century Alien Enemies Act during peacetime for the first time.
Trump’s Rationale
In a recent interview with Politico, Trump stated that the US “cannot afford to house tens of millions of people that came in through birthright citizenship.” He argued that the policy was originally intended to address children of enslaved people in the aftermath of the Civil War, noting that the law’s original context has since been misapplied.
When asked about the implications for individuals who already have US citizenship by birth, Trump admitted he had not considered whether the policy would retroactively affect them if the Supreme Court rules in favor of his order.
Visa Implications
The US Embassy clarified that consular officers evaluating visa applications will continue to assess the purpose of travel carefully. Applicants whose primary intent is determined to be childbirth in the United States will have their tourist visas denied, in line with the new policy.
This advisory comes amid growing scrutiny of “birth tourism,” where parents travel to the US specifically to secure citizenship for their children, which has been a contentious issue in US immigration policy.
The Supreme Court’s forthcoming ruling is expected to provide clarity on the constitutionality of ending birthright citizenship and could have far-reaching implications for immigration law and US visa policies globally.
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