The Trump administration has responded to the Supreme Court's constitutional affirmation of birthright citizenship by pledging a crackdown on foreign birth tourism operations. Hours after the court's decision, the Department of Justice (DOJ) announced it would prioritize prosecuting these schemes nationwide.

Birth tourism involves foreign women visiting the U.S. to give birth, producing so-called "anchor babies" who automatically receive U.S. citizenship. These children’s status can then be exploited by their families to obtain citizenship or visas. The DOJ described these schemes as exploiting immigration laws and often violating criminal statutes, posing a national security threat.

A notable case includes an April lawsuit by Texas Attorney General Ken Paxton against De’Ai Postpartum Care Center, accused of facilitating birth tourism for over two decades and creating more than 1,000 anchor babies. Beyond Texas, the New York Post reported that approximately 1.5 million babies born through birth tourism are being raised in China, supported by around 1,000 companies.

The U.S. territory of the Commonwealth of the Northern Mariana Islands in the Pacific Ocean was identified as a hotspot due to an Obama-era visa waiver program allowing Chinese nationals to stay up to 45 days without a visa, with companies charging thousands to host families preparing for childbirth.

Additionally, the State Department reportedly uncovered and dismantled birth tourism networks in West Africa, Europe, and North Africa, each linked to schemes involving over 100 babies. Homeland Security Investigations plans to target fraudulent activities tied to birth tourism by disrupting related fraud, financial crimes, and organized facilitation networks.

Former President Donald Trump, who attempted to end birthright citizenship via executive order, called the Supreme Court ruling a "massive Birthright Citizenship WIN!" for President Xi and China, even congratulating them.

Sources