Federal prosecutors must prioritize cases targeting birth tourism schemes, the Justice Department said, hours after the Supreme Court blocked the Trump administration’s effort to restrict birthright citizenship.
In a memo circulated to criminal division staff, the department directed prosecutors to focus on fraud investigations tied to foreigners who travel to the United States specifically to give birth and secure citizenship for their children.
The move comes after the court’s 6-3 decision upholding automatic citizenship under the 14th Amendment for nearly all children born on U.S. soil.
“The Department of Justice will zealously protect the sanctity of United States citizenship by investigating and prosecuting those who fraudulently exploit our immigration system,” wrote Colin McDonald, head of the Justice Department’s fraud division.
Birth tourism is already illegal. The memo instructs prosecutors to consider additional statutes, including wire fraud and money laundering, to pursue such cases.
Court Maintains Broad Birthright Citizenship
The Supreme Court ruling rejected a Trump executive order issued on his first day back in office. Chief Justice John Roberts, joined by the three liberal justices and Justice Amy Coney Barrett, wrote that the 14th Amendment’s text and history support broad birthright citizenship.
Roberts described the administration’s position as resting on scant evidence for a “dramatically revisionist view.”
Also Read: Trump Made Over $1 Billion From Crypto in First Year Back in Office, Financial Disclosure Shows
The decision leaves the executive order blocked and maintains existing policy on citizenship for those born in the United States.
President Trump responded on Truth Social, calling the outcome “too bad for our Country” but signaling he would turn to Congress. “We can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process,” he wrote.
DOJ Directs Focus on Fraud Prosecutions
Opponents contend that narrowing the 14th Amendment would require a constitutional amendment or clear statutory changes, not executive action.
Data on the scale of birth tourism remains limited. The Migration Policy Institute, in a review earlier this year, cited an expansive but contested estimate of up to 26,000 babies born annually to birth tourists, less than 1 percent of the more than 3.5 million U.S. births each year.
Studies suggest the practice is concentrated among visitors from certain countries who can afford travel and medical costs, but precise figures are difficult to verify because hospitals do not systematically track parental immigration status for citizenship purposes.
Rare Practice, Political Push Continues
The timing, same day as the ruling, indicates the department intends to use administrative tools to tighten controls in the absence of a favorable court decision.
Earlier in the day, Trump appeared in North Dakota for a Theodore Roosevelt library dedication, where broader administration priorities were on display. The president also moved forward with plans to exit the USMCA trade agreement with Canada and Mexico.
Also Read: Trump Eyes Congress to End Birthright Citizenship After Supreme Court Rejects Executive Order
The birthright citizenship case drew sharp reactions across party lines. Vice President Vance called the ruling a “major mistake” in prior comments. Justice Alito described it as a “serious mistake” in his dissent.
The Justice Department memo does not set new numerical targets or timelines but frames birth tourism as a direct threat to the integrity of citizenship. It applies to all criminal division staff handling fraud matters.
Immigration enforcement has been a central focus of the Trump administration’s early second-term agenda.
Federal prosecutors have already faced instructions on other immigration-related priorities, and the birth tourism push fits a pattern of using existing criminal statutes more aggressively.
