After the Supreme Court struck down his executive order aimed at restricting birthright citizenship, the administration of US President Donald Trump shifted strategy and took action against the practice known as 'birth tourism'.
According to Time magazine, the Supreme Court on Tuesday struck down Trump's executive order that would have granted birthright citizenship only to children with at least one parent who is a US citizen or lawful permanent resident. While immigrant rights groups welcomed the ruling, Homeland Security Secretary Markwayne Mullin told Fox News, according to the Washington Times, that the decision 'poses a real national security risk.'
Justice Department issues 'birth tourism' directive
According to Time, shortly after the court ruling, the Justice Department issued a directive instructing prosecutors to prioritize cases known as 'birth tourism.' The document, signed by Colin McDonald, Deputy Chief of the Justice Department's Fraud Section, stated that such practices 'exploit the US immigration system and violate criminal laws,' and emphasized that those involved would be investigated and those marketing these 'criminal services' would be prosecuted.
According to Axios, McDonald said that US criminal laws already prohibit many practices linked to 'birth tourism,' and that most of these cases start with fraudulent visa applications that contain misleading information about the true purpose of the trip or the length of stay. Prosecutors were asked to consider charges including visa fraud as well as wire fraud, health care fraud, money laundering, and aggravated identity theft.
Administration signals restrictions on pregnant foreigners' entry
Meanwhile, the Trump administration also put on the table restrictions on pregnant foreigners entering the country. Homeland Security Secretary Mullin told the Washington Times that the government has the authority to prevent women in late pregnancy from traveling to the US, citing both the baby's health and national security. Acting Attorney General Todd Blanche, speaking to the same newspaper at a press conference, said, 'Everyone should agree that a woman coming to the US solely so her child can be an American citizen is a violation of our laws.'
Data shows 'birth tourism' is a relatively rare phenomenon. Independent estimates cited by Axios indicate that 20,000 to 26,000 cases are recorded annually, while a total of 3.6 million births occurred in the US in 2025. Similar steps were taken during Trump's first term, when a lawsuit was filed in California against a 'birth house' that offered rental apartments to pregnant Chinese women.
Trump calls on Congress for legislative change
The Washington Times wrote that despite the Supreme Court ruling, Trump has not abandoned his goal of restricting birthright citizenship, and has asked Congress to pass legislation to 'get around' the court decision. Among the options on the table is a bill that would redefine 'persons subject to the jurisdiction of the United States' to exclude undocumented immigrants and temporary visitors.
The Supreme Court ruling covers the children of foreign visitors legally in the US as well as those of undocumented immigrants. According to Pew Research Center data, in 2023 approximately 245,000 babies were born in the US to immigrant parents without legal permanent status. The administration is continuing large-scale operations against irregular migration while aiming to increase border security and accelerate mass deportations of immigrants already in the country.
