Traveling to the U.S. While Pregnant: What Nonimmigrant Visa Holders Should Know After the Birthright Citizenship Ruling

On June 30, 2026, the U.S. Supreme Court issued its decision in Trump v. Barbara, striking down the January 2025 executive order that sought to deny automatic citizenship to children born in the U.S. to parents present on a temporary or unlawful basis.  

In a 6-3 vote, the Court held that the Fourteenth Amendment’s Citizenship Clause confers citizenship on virtually all children born on U.S. soil, regardless of their parents’ immigration status.  

What Does the Supreme Court’s Decision Mean for Nonimmigrant Visa Holders? 

The bottom line for nonimmigrant visa holders: birthright citizenship remains the law.

A child born in the U.S. to parents holding: 

• H-1B; 
• L-1; 
• TN; 
• E-3; 
• F-1; 
• B-1/B-2; or  
• Any other valid non-immigrant status  

is a U.S. citizen at birth, exactly as before the executive order was issued.  

This does not generally apply to children born to accredited foreign diplomats with diplomatic immunity, who are treated differently under longstanding citizenship rules.

Enforcement Focus Shifts to Birth Tourism 

While the constitutional right to birthright citizenship remains intact, the enforcement landscape has changed. 

On the same day the Court issued its ruling, the Department of Justice (DOJ) announced it would prioritize investigations and prosecutions of “birth tourism” schemes —arrangements in which foreign nationals travel to the U.S. on temporary visas for the specific purpose of giving birth and securing citizenship for the child.  

The DOJ directed U.S. Attorneys’ Offices to work with the Department of Homeland Security (DHS) to pursue these cases. Depending on the facts, authorities may also pursue additional charges, including money laundering or identity theft, when facilitators are involved.  

Federal officials have specifically flagged commercial “birth tourism” agencies that arrange travel, lodging and hospital access for pregnant clients. 

State Department and DHS Guidance 

The State Department has also reiterated existing guidance to consular officers. Officers should not routinely ask visa applicants whether they are pregnant and may not require proof of non-pregnancy, unless there is a specific, articulable reason to believe an applicant intends to give birth in the U.S. as the actual purpose of travel.  

In practice, this means pregnancy alone is not a basis for visa denial. However, officers retain discretion to evaluate an applicant’s intent when circumstances suggest that childbirth—not the stated purpose of the visa—is the primary reason for travel. 

Separately, DHS leadership has indicated interest in exploring additional visa-denial and entry-screening measures aimed at travelers suspected of engaging in birth tourism, though the specifics of any new policy have not yet been finalized. 

Best Practices for Pregnant Travelers 

If you are pregnant and traveling to the U.S. for a legitimate nonimmigrant purpose, the law has not changed. Pregnancy is not a bar to travel or admission, and a child born during your stay will be a U.S. citizen.

That said, given the current enforcement environment, travelers may wish to keep the following considerations in mind: 

• Truthfulness remains important throughout the immigration process. Travelers should ensure that information provided on visa applications and to U.S. Customs and Border Protection (CBP) officers accurately reflects their itinerary, employer and purpose of travel. 
• Supporting documentation can help confirm the stated purpose of travel. Depending on the circumstances, this may include employer letters, travel itineraries, return travel plans, proof of a relationship, or evidence of sufficient financial resources and insurance coverage.  
• Pregnancy, by itself, is not a basis for inadmissibility. Individuals are generally not required to volunteer information about a pregnancy, but questions from immigration officials should be answered accurately.  
• Federal authorities have identified commercial birth tourism arrangements as an enforcement priority. Travelers should be aware that participation in these programs may attract additional government scrutiny.  
• Additional screening may occur at the port of entry. Visibly pregnant travelers, particularly those entering on B-1/B-2 visas, may be referred for secondary inspection or additional questioning.  
• The government’s current enforcement focus is on travel undertaken primarily to give birth in the U.S. The DOJ has stated that it intends to prioritize investigations involving alleged birth tourism schemes, even though birthright citizenship remains constitutionally protected. 

Practical Impact for Nonimmigrant Visa Holders

Trump v. Barbara preserved birthright citizenship as a constitutional guarantee. At the same time, it has sharpened federal enforcement attention on the narrower category of birth tourism fraud.  

For the great majority of nonimmigrant visa holders traveling for genuine work, study, or personal reasons, this changes very little in practice.  

However, given heightened government scrutiny, pregnant travelers or anyone uncertain about how these developments may affect their circumstances should consult with immigration counsel before finalizing travel plans. 

Working with Immigration Counsel   

As immigration policies and enforcement priorities continue to evolve, experienced immigration counsel can help individuals understand potential travel considerations and navigate complex immigration processes with greater confidence.  

A proactive, people-first approach can help travelers assess unique circumstances, stay informed of policy changes and better prepare for the immigration journey.