US Justice Department directs prosecutors to prioritize 'birth tourism' following court ruling

The U.S. Justice Department on Tuesday directed federal prosecutors to prioritize investigations of so-called birth tourism schemes after the Supreme Court rejected President Donald Trump's attempt to restrict birthright citizenship in the United States.

A senior Justice Department official, Colin McDonald, told employees in a memo that people who come to the United States ‌under "false pretenses" ⁠to give ⁠birth and secure citizenship for their child could be criminally charged under laws barring visa fraud, money laundering, identity theft and wire fraud.

"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 that was posted on social media.


The directive came hours ⁠after the ‌Supreme Court, in a 6-3 ruling, struck down a Trump executive order seeking to prevent children born in the United States ⁠from automatically becoming citizens if neither parent is an American citizen or a legal permanent resident. The ruling affirmed the longstanding right to citizenship for nearly all born in the U.S.

The DOJ memo was an indication that the Trump administration intends to keep focus on the issue, part of its hardline approach to immigration, despite the setback at the high court. It directs federal prosecutors to work with ‌the Department of Homeland Security on investigations. DHS in April ordered its investigative agents to focus on a new "Birth Tourism Initiative."

Among the arguments the Justice Department ⁠made in defense of Trump's order is that birthright citizenship promotes "birth tourism," whereby pregnant foreign nationals without longstanding ties to the United States enter the country to give birth so their children can receive citizenship.

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

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