After the Supreme Court struck down its executive order aimed at restricting birthright citizenship, the Trump administration shifted strategy and moved 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 U.S. citizen or lawful permanent resident parent. Immigrant rights groups welcomed the decision, while Homeland Security Secretary Markwayne Mullin told Fox News, as reported by the Washington Times, that the ruling "poses a real national security risk."
Justice Department issues 'birth tourism' directive
According to Time, immediately after the court ruling, the Justice Department issued a directive ordering prosecutors to prioritize cases known as "birth tourism." The memo, signed by Colin McDonald, Deputy Chief of the Justice Department's Fraud Section, said such practices "abuse the U.S. immigration system and violate criminal laws" and stressed that those involved would be investigated and those marketing these "criminal services" would be prosecuted.
According to Axios, McDonald said U.S. criminal laws already prohibit many practices linked to "birth tourism," noting that most cases begin with fraudulent visa applications containing misleading information about the real purpose of travel or duration of stay. Prosecutors were also asked to consider charges including visa fraud, wire fraud, health care fraud, money laundering, and aggravated identity theft.
Signals of restrictions on entry for pregnant foreigners
Meanwhile, the Trump administration also put restrictions on the entry of pregnant foreigners on the table. In an interview with the Washington Times, Homeland Security Secretary Mullin said the government had the authority to bar late-term pregnant women from traveling to the U.S., framing it as a matter of both the baby's health and national security. In remarks to the same newspaper, Acting Attorney General Todd Blanche said at a press conference, "Everyone should agree that a woman coming to the U.S. just so her child becomes an American citizen is a violation of our laws."
According to data, "birth tourism" is a relatively rare phenomenon. Independent estimates cited by Axios put the number at 20,000 to 26,000 cases a year, while the U.S. recorded a total of 3.6 million births in 2025. Similar steps were taken during Trump's first presidential term, when a "birth house" in California that offered rental apartments to pregnant Chinese women was prosecuted.
Trump asks Congress for legal change
According to the Washington Times, despite the Supreme Court ruling, Trump did not abandon his goal of restricting birthright citizenship and asked Congress to pass legislation to "circumvent" 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 irregular migrants and temporary visitors.
The Supreme Court ruling covers children of both legally present foreign visitors and irregular migrants. According to data from the Pew Research Center, about 245,000 babies were born in the U.S. in 2023 to immigrant parents without legal permanent status. The administration, while continuing large-scale operations against irregular migration, aims to enhance border security and speed up mass deportations of migrants inside the country.
