Justice Department Targets Birth Tourism After Court Ruling

The Justice Department has announced plans to prioritize fraud charges in cases related to birth tourism, following a recent Supreme Court ruling on birthright citizenship. The court’s decision, which was made on Tuesday (June 30), reaffirmed the 14th Amendment’s guarantee of citizenship to nearly all children born on U.S. soil, including those born to parents unlawfully in the country. The ruling was a 6-3 decision, with Chief Justice John Roberts joining the liberal justices and Justice Amy Coney Barrett in the majority opinion.

In response to the ruling, the Justice Department’s Office of the Deputy Attorney General issued a memo directing all criminal division staff to “prioritize the investigation and prosecution of birth tourism schemes.” Colin McDonald, head of the Justice Department’s fraud division, emphasized the importance of protecting U.S. citizenship by prosecuting those who exploit the immigration system. Although birth tourism is already illegal, the department has instructed prosecutors to consider using other statutes, such as wire fraud and money laundering, to pursue these cases.

Estimates on the prevalence of birth tourism vary widely. The Migration Policy Institute suggests that up to 26,000 babies born annually in the U.S. could be attributed to birth tourism, though this represents a small fraction of the more than 3.5 million births each year. Reuters reports that the Justice Department’s focus on birth tourism is part of a broader effort to address immigration-related fraud.

Former President Donald Trump had attempted to restrict birthright citizenship through an executive order, but the Supreme Court’s ruling effectively nullified those efforts. Trump has since urged Congress to enact legislation to achieve his goal, citing Justice Brett Kavanaugh‘s opinion that the 14th Amendment would allow such legislation. However, Chief Justice Roberts’ majority opinion stated that the amendment provides citizenship for everyone born in the country.

The Justice Department’s new directive aims to crack down on birth tourism by leveraging existing criminal laws. According to USA Today, McDonald highlighted that many birth tourism schemes involve false visa applications and other fraudulent activities, which are already prohibited under U.S. law.