That is the Leftist playbook.
Every step they took for decades was “just make this little change; surely no one can object to that?” and suddenly look where we are (just like going bankrupt, as Hemingway wrote).

Legislation is better, but it can be ignored or repealed.
Keeping Constitutional conservatives on the Supreme Court is essential, and getting more of them on the lower courts is imperative.

And the State Department already should not be issuing visas to pregnant women they believe are participating in birth tourism.

The constitution is clear on this. If we want to change who is eligible for birthright citizenship we need to pass a law, not issue executive orders.

Perhaps the EO’s move the Overton window some I suppose.

https://en.wikipedia.org/wiki/Birth_tourism
Oddly, although they mention several examples of Immigration enforcing and deporting some pregnant “tourists” (including in the Obama years), the editors only give this one example of the business itself.

Russian birth tourism to Florida to “maternity hotels” in the 2010s is documented.[11][12][13] Birth tourism packages complete with lodging and medical care delivered in Russian begin at $20,000, and go as high as $84,700 for an apartment in Miami’s Trump Tower II complete with a “gold-tiled bathtub and chauffeured Cadillac Escalade.”[13]

It’s definitely “a thing.”
https://www.globalcitizensolutions.com/birth-tourism/

Citizenship Planning
Explore pathways to global citizenship and secure your future.
Corporate Services
Tailored solutions for businesses seeking international growth and mobility.
Residency Planning
Discover your options for international residency and relocation.
Government Advisory Services
Government advisory for designing, launching, and optimizing migration programs.
Read inspiring stories and news highlighting the impact of global citizenship.
Multimedia Hub
Global Passport Report 2026 is now here!
Book a Consultation
Citizenship and Residency
>
Citizenship by Investment
Birth Tourism: Most Common Locations and Current Regulations
Last Updated: May 26, 2026

Information from a law office, because it’s hard to dig out at Wikipedia.
https://www.lawsb.com/giving-birth-in-usa-on-tourist-visa/

Giving Birth In The US On A Tourist Visa vs Birth Tourism: Key Takeaways
Giving birth in the U.S. during a visit for family, tourism, or medical reasons differs from birth tourism, which involves traveling solely to obtain citizenship for the child through birth
A child born in the U.S. automatically becomes a U.S. citizen, but this does not change the mother’s visa status
Consular officers can deny a tourist visa to pregnant applicants if they suspect the primary purpose is birth tourism and not other legitimate reasons like medical care
Pregnant applicants seeking medical treatment must prove they have a valid medical reason to travel, financial means, and the intent to return home after treatment
Each year, 33,000 babies are born in the U.S. as a result of birth tourism, on top of hundreds of thousands more born by women on temporary visas and illegal aliens.

Is giving birth in the U.S. while on a tourist visa always considered birth tourism? No, and we’re here to explain the difference.

In this article, we’ll break down:

The difference between giving birth while visiting the United States and birth tourism
The legal implications for both mother and child
How U.S. immigration law treats each situation
Recent policy changes affecting pregnant travelers

Plus, omitting to follow these regulations could cause problems, IF they are ever enforced.

Apart from benefits, however, U.S. citizenship also comes with certain obligations. If your child is born in the U.S. and therefore is a U.S. citizen, your child will typically:

Have residency obligations, such as potential taxation on global income and the need to enter and exit the U.S. using a U.S. passport.
Deal with immigration rules, even if they choose not to reside in the U.S.

This is the critical section, but the office helpfully includes tips for using their services:

Giving birth in the U.S. on a tourist visa does not automatically grant you the right to stay in the country based on the birth of your child.

Your visa status remains unchanged, and you will have to leave the U.S. before your visa expires.

If you do not leave the country after the expiration of your visa, this will be considered as overstaying a visa, which may result in:
Future travel restrictions
Challenges when applying for a visa for subsequent visits
Deportation

In addition, if your primary purpose for entering the U.S. was to give birth and you did not truthfully represent your intentions to immigration officials, you:
Can be charged with visa fraud due to willful misrepresentation of a material fact (that you were planning to have your baby in the U.S.)
Face visa denial for future visa applications, due to credibility concerns.

While giving birth in the U.S. does not directly grant you any type of immigration status, there may be pathways that can help you remain in the U.S. permanently.

These alternatives can include family-sponsored visas, employment-based visas, or other immigration categories. Talk to an experienced immigration attorney to understand your options.