Key facts
- Acting Attorney General Todd Blanche announced a crackdown on 'birth tourism' after the Supreme Court upheld birthright citizenship.
- Federal prosecutors and law enforcement will focus on investigating and prosecuting individuals who fraudulently exploit the immigration system.
- The Department of Justice will work with Homeland Security Investigations and the FBI to stop the practice.
- The Supreme Court's 6-3 decision rejected the Trump administration's argument to redefine birthright citizenship.
- Despite limited evidence on its scale, the practice has been a focus for Trump and allies.
Following the Supreme Court's affirmation of birthright citizenship, acting Attorney General Todd Blanche announced that federal prosecutors and law enforcement will intensify efforts to combat 'birth tourism.' This practice involves individuals traveling to the U.S. on tourist visas to give birth, thereby obtaining U.S. citizenship for their children.
Blanche stated that the Department of Justice, in collaboration with Homeland Security Investigations and the FBI, will focus on limiting opportunities for individuals coming to the U.S. under false pretenses. Assistant Attorney General Colin McDonald issued a memo directing Justice Department staff to pursue fraud charges in alleged birth tourism cases, emphasizing the department's commitment to prosecuting those who exploit the immigration system.
During the oral arguments for the case, the government's lawyer conceded that the actual scale of birth tourism is not definitively known. The Center for Immigration Studies estimates between 20,000 and 26,000 births annually to women on tourist visas, which constitutes less than 1% of all U.S. births. Despite this, the practice has been a central argument for Republicans and allies of President Trump seeking to challenge birthright citizenship.
House Speaker Mike Johnson echoed concerns, stating the system has been 'grossly abused.' Trump's administration had previously attempted to redefine the 14th Amendment's citizenship clause through an executive order, arguing that children born to parents without permanent legal status are not 'subject to the jurisdiction' of the U.S. However, the Supreme Court, in a 6-3 decision, found 'scant evidence' for this interpretation. Chief Justice John Roberts authored the majority opinion.
Trump is now advocating for new legislation to create exceptions to birthright citizenship for children of parents without permanent legal status, though such measures would face significant hurdles in Congress. Vice President JD Vance expressed his disagreement with Justice Amy Coney Barrett's role in the ruling, questioning the intent of the 14th Amendment's framers regarding individuals entering the U.S. on vacation and having children who then receive citizenship benefits.