DOJ Targets 'Birth Tourism' After Supreme Court Ruling

The U.S. Department of Justice (DOJ) announced it will prioritize investigations into so-called birth tourism schemes following the Supreme Court's decision to uphold birthright citizenship, according to Time. The directive came hours after the court rejected President Donald Trump's attempt to restrict birthright citizenship in a 6-3 ruling.

Assistant Attorney General Colin McDonald issued a memo to DOJ employees instructing them to investigate and prosecute those who exploit the immigration system for birth tourism, as reported by Time. The memo emphasized that the DOJ will work with the Department of Homeland Security (DHS) to prioritize these cases. According to The Guardian, acting Attorney General Todd Blanche also stated that federal prosecutors and law enforcement officers would focus on combating birth tourism.

The Supreme Court's ruling was a significant setback for Trump's hardline immigration policies, as noted by all three publishers. The court struck down an executive order by Trump that sought to prevent children born in the United States from automatically becoming citizens if neither parent is an American citizen or legal permanent resident. According to Reuters, the ruling affirmed the longstanding right to citizenship for nearly all born in the U.S.

In response to the ruling, Trump expressed his displeasure on Truth Social and suggested that Congress could address the issue through legislation, as reported by Time. Other Republicans joined him in criticizing the decision. House Speaker Mike Johnson called birthright citizenship 'overused and abused' and suggested a constitutional amendment might be necessary to impose restrictions, according to both Time and The Guardian. Vice President JD Vance also criticized the ruling, particularly conservative Justice Amy Coney Barrett's role in upholding the constitutional right.

The DOJ memo highlighted past cases that focused on visa fraud but noted that other laws could be used to crack down on birth tourism practices. According to Reuters, the DHS had previously ordered its investigative agents to focus on a new 'Birth Tourism Initiative.' The issue was also mentioned in a dissenting opinion by conservative Supreme Court Justice Clarence Thomas.

The practice of birth tourism has been a contentious topic, with limited evidence showing it to be a significant problem. According to The Guardian, the Center for Immigration Studies estimated between 20,000 to 26,000 births by women on tourist visas annually, which is less than 1% of all babies born in the U.S. each year. Despite this, many Republicans and allies of Trump have repeated concerns about birth tourism.