Trump attorney general plots crackdown on ‘birth tourism’ after supreme court ruling

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A day after the US Supreme Court upheld the constitutional guarantee of birthright citizenship, the Trump administration has signaled a new front in its immigration enforcement efforts: targeting so-called "birth tourism." Acting Attorney General Todd Blanche told reporters that federal prosecutors and law enforcement will focus on combating the practice, which involves tourists, temporary visitors, and undocumented immigrants traveling to the US to give birth and secure citizenship for their children. The move comes as President Trump pushes for legislation to create exceptions to birthright citizenship, despite the high court's ruling.

Coverage comparison

Coverage of the development varied in emphasis but shared a consistent set of facts. The Guardian reported Blanche's statement and the Justice Department's directive, framing them as part of the administration's "hardline approach to immigration." The Hindu also detailed the Justice Department's instruction to federal prosecutors to prioritize investigations of birth tourism schemes, noting that the directive came hours after the Supreme Court's 6-3 decision striking down Trump's executive order that sought to prevent automatic citizenship for children born in the US to non-citizen, non-permanent-resident parents.

Both outlets quoted roughly the same official language. The Guardian quoted Blanche as saying the federal government can act "in the visa process, and the application process" to limit opportunities for people coming to the US "just to have a baby that can then be a US citizen." The Hindu highlighted a memo from Assistant Attorney General Colin McDonald, who wrote: "The Department of Justice will zealously protect the sanctity of United States citizenship by investigating and prosecuting those who fraudulently exploit our immigration system." The Hindu also reported that the memo directed prosecutors to work with the Department of Homeland Security, which had already launched a "Birth Tourism Initiative" in April.

The two sources differed in their emphasis on the legal backdrop. The Guardian's coverage focused on the Supreme Court's affirmation of birthright citizenship as a constitutional guarantee, while The Hindu placed more weight on the court's rejection of Trump's executive order and the Justice Department's subsequent directive. Both described the administration's actions as a continuation of its restrictive immigration agenda despite the judicial setback.

Key claims

The Supreme Court's ruling affirmed the long-standing right to citizenship for nearly all children born in the US, a principle rooted in the 14th Amendment. The decision, handed down in the case known as Trump v. Barbara, struck down an executive order that would have denied citizenship to children born to parents who are neither US citizens nor legal permanent residents. The court's 6-3 decision was described as rejecting Trump's attempt to restrict birthright citizenship.

Following the ruling, Acting Attorney General Todd Blanche stated that federal prosecutors and law enforcement officers, including the FBI and Homeland Security Investigations, would focus on stopping birth tourism. He said the Department of Justice would make sure its agents are "focused on stopping that."

In an office-wide memo, Assistant Attorney General Colin McDonald directed Justice Department staff to bring fraud charges in alleged cases of birth tourism. The memo, which was posted on social media, said individuals who come to the US under "false pretenses" to give birth and secure citizenship for their child could face charges under laws barring visa fraud, money laundering, identity theft, and wire fraud.

President Trump is pushing for lawmakers to create new legislation that would establish exceptions to birthright citizenship for children born to parents who do not have permanent legal status in the US.

Perspectives

Trump administration: The administration maintains that birth tourism represents a fraud on the immigration system. Acting Attorney General Todd Blanche said the federal government can act through the visa and application process to limit or minimize the opportunity for people to come to the US "just to have a baby that can then be a US citizen." Assistant Attorney General Colin McDonald's memo emphasized the Justice Department's role in "protecting the sanctity of United States citizenship" and prosecuting those who "fraudulently exploit" the immigration system.

Supreme Court: In a 6-3 ruling, the court rejected the administration's attempt to restrict birthright citizenship, affirming the constitutional guarantee. The decision struck down an executive order that sought to prevent automatic citizenship for children born in the US to non-citizen parents.