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New Guideline From the Trump Administration Aims to Deny Visas to Obese Individuals or Those With Chronic Illnesses; Rule Will Affect Work and Residency Categories Starting in 2026.
Trump Aims to Block Visas for Obese Individuals: The government of the United States is preparing one of the most controversial measures in recent immigration policy: a set of new guidelines that may restrict visa issuance to foreigners deemed obese or suffering from chronic illnesses. The plan, revealed in documents obtained by the Associated Press (AP) and confirmed by outlets like KFF Health News, is part of an update to eligibility standards conducted by the State Department during the second term of Donald Trump, with implementation expected to begin in 2026.
According to information, the rule does not apply to tourists, but affects visa categories involving temporary residency, work, exchange, and permanent immigration. In practice, U.S. consulates will begin requiring detailed information on the medical history and body mass index (BMI) of applicants, who could be classified as “public health risks” and therefore denied a visa.
What the Document Says About the New Guideline From the Trump Administration
The internal memorandum cited by the AP, circulated only among diplomatic staff — advises consular posts to consider the “potential impact of the applicant’s health condition on the U.S. public health system.”
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In other words, individuals with chronic illnesses deemed high-cost or that could “overburden the system” could be classified as ineligible.
Among the examples listed are severe obesity, type 2 diabetes, hypertension, heart diseases, metabolic disorders, and chronic lung diseases. Furthermore, the document states that consular authorities may require additional medical examinations and reports of medical history before approving the application.
These new guidelines align with an expansion of the concept of “public charge”— a principle that, since 1882, allows the denial of visas or green cards to foreigners who may become dependent on government benefits.
The Trump administration had previously attempted to tighten this rule in 2019, but the measure was blocked in court following strong reactions from civil entities. Now, the revised version returns to the agenda with emphasis on physical health factors and work capacity.
Impact on Applicants and Consulates
According to KFF Health News, the new protocol creates a medical evaluation system based on “criteria of productivity and economic self-sufficiency.” This means consulates may consider the physical condition and employment potential of the applicant as part of the approval process.
Sources from the State Department interviewed by the AP claim the official goal is to “protect the sustainability of the health system and reduce costs with non-compliant foreigners,” but diplomats acknowledged, under anonymity, that the text leaves room for subjective interpretations and discriminatory practices.
The guideline also suggests that consulates maintain digitized medical records and share data with the Department of Homeland Security (DHS), raising concerns among immigration lawyers about privacy and human rights violations.
Experts Warn of Discrimination and Legal Risks
The measure has generated immediate reactions from public health experts and legal entities. Professor Fatima Cody Stanford from Harvard Medical School stated to KFF that “using body weight as an exclusion criterion is a modern form of health discrimination, with no solid scientific basis to predict costs or productivity.”
The American Civil Liberties Union (ACLU) classified the proposal as “incompatible with the Constitution and international human rights treaties.” According to the organization, the rule “stigmatizes individuals with chronic conditions and reinforces biases based on appearance and medical condition.”
Even within the U.S., there are doubts about the legal viability of the measure. Legal experts point out that the policy may violate the Americans with Disabilities Act (ADA), which prohibits discrimination based on health conditions, including obesity diagnosed as a disease.
The Potential Impact in Brazil and Latin America
The change particularly concerns Brazilians and Latin Americans planning to migrate to the United States for work, exchange, or residency. In 2024, over 230,000 Brazilians applied for temporary visas and 16,000 requested the green card, according to the U.S. Department of State.
If the new rules are applied, candidates with a BMI over 35, hypertension, or diabetes may face delays or automatic denials unless they present medical reports proving control of the condition. Law offices in Miami and New York have already reported an increase in inquiries on the subject since the document was released.
History and International Reaction
This is not the first time the Trump administration has attempted to link physical health to immigration policies. In 2020, an executive order required that immigrants present health insurance before entering the country, but the rule was suspended by Federal Court due to lack of legal support.
International organizations, such as the World Health Organization (WHO), criticize the use of weight indicators as a political tool. According to the WHO, obesity is a multifactorial condition and cannot be used in isolation as a criterion for labor capacity or economic risk.
Allied governments, such as Canada and the United Kingdom, have also expressed concern about the precedent that the measure may create. Sources from the Brazilian Foreign Ministry, interviewed by the newspaper O Globo, stated that Brazil should seek “diplomatic guarantees that the criteria will not be applied in a discriminatory manner to Brazilian citizens.”
What May Still Change
Despite the wide repercussions, the plan is still in the internal consultation phase and will undergo review by the U.S. Congress and the Department of Justice before going into effect. If approved, the rules would begin to be applied gradually starting in January 2026, with tests in embassies located in Mexico, Brazil, the Philippines, and India, countries that account for a high volume of work visa applications.
In the meantime, U.S. civil organizations are already mobilizing to contest the proposal in courts, asserting that it “represents a disguised form of medical segregation in immigration policies.”
The controversy shows how the relationship between health, immigration, and politics has returned to the center of debate in the United States. If implemented, the new guideline could alter not only how visas are granted but also how the country defines who deserves — or does not — the opportunity to live in U.S. territory.
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