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No More Visa for Birth Tourism, US Warns Nigerians

The United States has issued a fresh warning to Nigerians seeking to travel for the sole purpose of giving birth and securing citizenship for their children.

In a post shared on X, the US Embassy in Nigeria stated: “Using your visa to travel for the primary purpose of giving birth in the United States so that your child will have U.S. citizenship is not permitted.”

It added: “Consular officers will deny your visa application if they have reason to believe this is your intent.”

This advisory comes amid growing scrutiny of “birth tourism”—a practice where foreign nationals travel to the US to deliver babies who automatically gain citizenship under the 14th Amendment.

Trump’s Order and Legal Battles

In January 2025, just hours after returning to office, President Donald Trump signed an executive order to end birthright citizenship for children born to parents who are in the US illegally or on temporary visas.

The order, titled “Protecting the Meaning and Value of American Citizenship,” aims to redefine who qualifies for citizenship at birth.

However, the order has faced stiff resistance. At least 18 states and several rights groups filed lawsuits, arguing the move violates the US Constitution. Federal courts responded with nationwide injunctions, temporarily blocking the order from taking effect.

A recent ruling by the Ninth Circuit Court of Appeals upheld one such injunction, declaring: “The Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional.”

Despite the legal hurdles, US immigration agencies have begun drafting plans to implement the order, should it survive court challenges.

Citizenship Clause Under Fire

The 14th Amendment, ratified in 1868, guarantees citizenship to “all persons born or naturalised in the United States and subject to the jurisdiction thereof.”

This clause was originally designed to protect formerly enslaved people and their children.

Legal scholars and civil rights advocates argue that the amendment clearly includes children born to immigrants, regardless of their parents’ status.

The Supreme Court has yet to rule directly on the constitutionality of Trump’s executive order, but lower courts have consistently blocked its enforcement.

Birth tourism remains popular among wealthy families from Asia, Latin America, and Africa, drawn by the promise of US citizenship and its long-term benefits. But with visa officers now instructed to scrutinise applicants more closely, the window may be closing.

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