DOJ Orders Crackdown on Birth Tourism After Supreme Court Upholds Birthright Citizenship

The U.S. Department of Justice (DOJ) has instructed federal prosecutors to intensify investigations into alleged birth tourism schemes following a U.S. Supreme Court ruling that rejected President Donald Trump's effort to limit birthright citizenship.

In a memo distributed to DOJ employees on Tuesday, senior Justice Department official Colin McDonald directed prosecutors to prioritize cases involving foreign nationals who allegedly enter the United States under false pretenses to give birth so their children automatically obtain U.S. citizenship. According to the memo, authorities may pursue criminal charges using laws covering visa fraud, money laundering, identity theft, and wire fraud.

McDonald stated that the Justice Department is committed to protecting the integrity of U.S. citizenship by investigating and prosecuting individuals who fraudulently exploit the nation's immigration system. The directive also instructs federal prosecutors to coordinate closely with the Department of Homeland Security (DHS), which launched a "Birth Tourism Initiative" earlier this year to increase enforcement against such activities.

The DOJ's renewed focus came just hours after the Supreme Court voted 6-3 to strike down President Trump's executive order that sought to deny automatic U.S. citizenship to children born in the country when neither parent is a U.S. citizen or lawful permanent resident. The decision reaffirmed the long-established constitutional principle that nearly all children born on U.S. soil are entitled to American citizenship.

Although the Supreme Court's ruling represented a legal setback for the Trump administration's effort to restrict birthright citizenship, the new DOJ directive signals that immigration enforcement surrounding birth tourism will remain a priority. Administration officials have argued that birthright citizenship encourages some foreign nationals to travel to the United States primarily to secure citizenship benefits for their children.

The issue also received attention in a dissenting opinion from Supreme Court Justice Clarence Thomas, who referenced concerns surrounding birth tourism during the case.

McDonald noted that while previous prosecutions largely centered on visa fraud, federal investigators should consider using a broader range of criminal statutes when evidence supports additional charges. The Justice Department's latest guidance underscores the administration's continued emphasis on combating immigration-related fraud while pursuing tougher enforcement measures despite the Supreme Court's decision preserving birthright citizenship.