US DOJ Directs Prosecutors to Prioritise ‘Birth Tourism’ Probes After Court Ruling

The US Department of Justice has instructed federal prosecutors to prioritise investigations into so-called “birth tourism” following a recent Supreme Court ruling.

“The Department of Justice will zealously protect the sanctity of United States citizenship by investigating and prosecuting those who fraudulently exploit our immigration system,” McDonald wrote in a memo to all DOJ employees, which was posted on social media.

The directive came hours after the Supreme Court, in a 6–3 ruling, struck down a Trump executive order that sought to prevent children born in the United States from automatically acquiring citizenship if neither parent was an American citizen or a lawful permanent resident. The ruling reaffirmed the longstanding principle of citizenship for nearly all individuals born on US soil.

The DOJ memo signals that the Trump administration intends to maintain its focus on the issue as part of its hardline immigration stance, despite the setback at the Supreme Court. It directs federal prosecutors to work closely with the Department of Homeland Security (DHS) on investigations. In April, DHS instructed its investigative units to focus on a new “Birth Tourism Initiative”.

Among the arguments advanced by the Justice Department in defence of Trump’s order was that birthright citizenship encourages “birth tourism”, whereby pregnant foreign nationals without longstanding ties to the United States travel to the country to give birth so their children can obtain citizenship.

The issue was also highlighted in a dissenting opinion on Tuesday by conservative Supreme Court Justice Clarence Thomas.

McDonald noted in the memo that previous cases have largely focused on visa fraud, but said other laws could also be used to crack down on the practice.


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