The Justice Department has directed its staff to prioritize bringing fraud charges in alleged birth tourism cases following the Supreme Court's 6-3 ruling affirming birthright citizenship. A memo from the office of the deputy attorney general instructed all criminal division staff to focus on investigating and prosecuting birth tourism schemes.
Colin McDonald, head of the Justice Department’s fraud division, emphasized in the memo that the department will "zealously protect the sanctity of United States citizenship by investigating and prosecuting those who fraudulently exploit our immigration system."
While birth tourism is already illegal, the memo advises prosecutors to consider additional statutes such as wire fraud and money laundering in these cases. Studies indicate that birth tourism is relatively rare; the Migration Policy Institute noted that up to 26,000 babies born annually in the U.S. could be linked to birth tourism, a small fraction of the more than 3.5 million U.S. births each year.
In the Supreme Court’s majority opinion, Chief Justice John Roberts, joined by all three liberal justices and Justice Amy Coney Barrett, wrote that the 14th Amendment guarantees automatic citizenship for nearly all children born on U.S. soil, including those born to parents unlawfully present in the country.
Following the ruling, former President Donald Trump posted on Truth Social that although the Supreme Court upheld birthright citizenship, Congress could pass legislation to end it with presidential support.
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