The Trump administration has responded to the Supreme Court's constitutional affirmation of birthright citizenship by pledging to intensify efforts against foreign birth tourism schemes.

A Department of Justice (DOJ) statement released hours after the court's decision declared that prosecuting these schemes would become a nationwide priority. The schemes typically involve foreign women visiting the U.S. to give birth, producing so-called “anchor babies” who automatically receive U.S. citizenship, which families then exploit to gain immigration benefits.

“Birth tourism schemes exploit our immigration laws and often violate our criminal laws,” the DOJ said. “Actors seeking to exploit loopholes to obtain automatic citizenship for their children pose a national security threat and will be brought to justice.”

An April lawsuit filed by Texas Attorney General Ken Paxton accuses the De’Ai Postpartum Care Center of facilitating birth tourism for over two decades, allegedly creating more than 1,000 anchor babies. However, the industry extends beyond Texas. According to China-watchers cited by the New York Post, approximately 1.5 million children born through birth tourism are being raised in China, supported by about 1,000 companies.

The U.S. territory of the Commonwealth of the Northern Mariana Islands in the Pacific Ocean has been identified as a hotspot. An Obama-era visa waiver program allowed Chinese nationals to stay there up to 45 days without a visa, enabling companies to charge thousands of dollars 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 attempts involving over 100 babies. Homeland Security Investigations plans to target fraudulent activities tied to birth tourism by disrupting related fraud, financial crimes, and organized networks.

Former President Donald Trump, who sought to end birthright citizenship via executive order, described the Supreme Court’s rejection of his order as a “massive Birthright Citizenship WIN!” for President Xi and China, even congratulating them.

Sources