US Cracks Down on Birth Tourism with New Criminal Investigation Directive

The United States Department of Justice has issued a new directive making birth tourism a priority for criminal investigations, following the Supreme Court's decision to uphold birthright citizenship.

The memorandum, circulated throughout the Justice Department, instructs prosecutors and investigators to pursue cases involving foreign nationals who enter the United States under false pretences to give birth. Senior official Colin McDonald said those involved could face charges including visa fraud, money laundering and identity theft. 

The directive also calls for close cooperation between US Attorneys, the Criminal Division and the Department of Homeland Security to identify and prosecute organised birth tourism schemes. Birth tourism refers to the practice of travelling to another country to give birth so that a child acquires citizenship by birth. 

According to the Migration Policy Institute, an estimated 26,000 births in the United States each year are linked to birth tourism, out of approximately 3.5 million annual births. The Heritage Foundation has also argued that the country's surrogacy laws may provide additional opportunities for foreign nationals seeking US citizenship for their children.

Lawmakers are also seeking tougher measures. Senator John Cornyn has introduced the Barring American Citizenship by Keeping Out Foreign Fraudsters (BACK OFF) Act, which would make birth tourism grounds for inadmissibility and deportation. 

The proposed legislation would require mandatory detention for offenders, require foreign nationals to return to their home countries while legal proceedings continue, and allow the suspension of visas for countries that do not cooperate in accepting the return of their citizens. The bill also contains a provision that would permit medical examinations of women of childbearing age if authorities suspect they intend to engage in birth tourism. 

It would also give consular officers greater authority to delay or refuse visa applications on the same grounds. The Supreme Court's decision confirmed that children born on US soil remain entitled to birthright citizenship under the Constitution. With that issue settled, the Justice Department and members of Congress are focusing on preventing people from using birth tourism to obtain those citizenship rights.

The proposed measures have prompted debate over their potential impact. Critics argue that provisions allowing medical examinations and broader visa restrictions could affect civil liberties and legitimate travellers. Supporters maintain that stronger enforcement is necessary to prevent abuse of immigration laws and protect the integrity of the immigration system