WASHINGTON — The U.S. Department of Justice has directed federal prosecutors nationwide to prioritize investigations and prosecutions involving so-called birth tourism schemes, shifting its enforcement focus to alleged immigration-related fraud after the Supreme Court rejected President Donald Trump's effort to limit birthright citizenship.
In a memorandum circulated to Justice Department employees, Assistant Attorney General Colin McDonald instructed prosecutors to work closely with the Department of Homeland Security to identify and pursue cases involving foreign nationals accused of entering the United States under false pretenses to give birth and obtain U.S. citizenship for their children.
McDonald wrote that prosecutors should pursue evidence of visa fraud and consider additional charges, including money laundering, wire fraud, identity theft and healthcare fraud, where supported by the facts. He said the department would also target individuals and organizations that arrange or profit from such schemes.
"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 said in the memo, according to the department.
The directive was issued shortly after the Supreme Court ruled that the Constitution guarantees birthright citizenship for nearly all children born on U.S. soil, rejecting the Trump administration's executive order seeking to deny automatic citizenship to some children born to non-citizen parents. The ruling left intact longstanding interpretations of the Fourteenth Amendment's Citizenship Clause.
Justice Department officials said the new enforcement initiative does not seek to alter constitutional citizenship rules but instead focuses on conduct they allege violates existing criminal laws, including false statements on visa applications and other fraudulent activities connected to birth tourism operations.
The memorandum cited several previous federal prosecutions involving operators of birth tourism businesses. Those cases resulted in convictions for offenses including immigration fraud and conspiracy, with organizers accused of coaching clients to conceal the purpose of their travel from U.S. authorities.
The Justice Department's directive also builds on the Department of Homeland Security's Birth Tourism Initiative launched earlier this year, reflecting broader coordination between federal law enforcement and immigration authorities.
While administration officials have described birth tourism as an abuse of the immigration system, the federal government does not maintain official statistics on the practice. Independent estimates cited in public discussions vary, and the scope of the phenomenon remains disputed.
The Justice Department has not announced any new prosecutions under the directive, but instructed U.S. attorneys to treat qualifying investigations as a higher enforcement priority going forward.
