The Justice Department has instructed federal prosecutors to prioritize criminal investigations into alleged birth tourism schemes after the Supreme Court rejected President Donald Trump’s effort to end automatic birthright citizenship.
DOJ Shifts Focus To Birth Tourism Fraud Investigations
In a memo issued Wednesday, the Justice Department’s Office of the Deputy Attorney General directed attorneys in its criminal division to make the investigation and prosecution of alleged birth tourism schemes a priority.
Colin McDonald, who leads the department’s fraud division, said prosecutors should aggressively pursue cases involving individuals or organizations accused of exploiting the U.S. immigration system through 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 the memo.
The guidance also encourages prosecutors to consider charges beyond immigration-related offenses, including wire fraud and money laundering, where appropriate.
Memorandum for DOJ Employees on Prosecution of Fraudulent Birth Tourism Schemes from Assistant Attorney General Colin McDonald ⬇️ pic.twitter.com/hoilA5o2TE
— U.S. Department of Justice (@TheJusticeDept) June 30, 2026
Supreme Court Upholds Birthright Citizenship
The directive came after the Supreme Court ruled 6-3 that the 14th Amendment guarantees automatic U.S. citizenship for nearly all children born on American soil, including those born to parents who are in the country unlawfully.
Writing for the majority, Chief Justice John Roberts rejected the legal basis for Trump’s Day 1 executive order seeking to end birthright citizenship.
Following the ruling, Trump said on Truth Social that while the Supreme Court had upheld birthright citizenship, he believes Congress could still pursue legislation to end the practice with presidential support.
Birth Tourism Remains Rare, Researchers Say
Birth tourism itself is not automatically illegal. However, authorities can prosecute individuals who allegedly obtain visas through deception or engage in related financial crimes, The Hill reported.
The Migration Policy Institute said earlier this year that the practice appears to be uncommon, estimating that up to 26,000 births annually could be linked to birth tourism out of more than 3.5 million births in the U.S.
Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
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