Hours after the Supreme Court preserved birthright citizenship for children born in the United States, the Justice Department directed federal prosecutors to step up investigations of so-called birth tourism schemes, warning that people who enter the country under false pretenses to give birth could face charges ranging from visa fraud to money laundering.
In a June 30 memo to all department employees, Deputy Attorney General Colin McDonald said the department will “zealously protect the sanctity of United States citizenship” by pursuing those who “fraudulently exploit our immigration system.” The memo, which was posted publicly, says prosecutors should work with the Department of Homeland Security and consider using a wider set of federal laws beyond the visa fraud charges that have traditionally been used in such cases.
The directive came after the court rejected President Donald Trump’s bid to deny citizenship to babies born to parents who are in the United States illegally or temporarily, reaffirming the longstanding interpretation of the 14th Amendment. The ruling, issued Tuesday, said birth on U.S. soil remains enough for citizenship, even if the child’s parents are not citizens or are in the country without legal status.
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
The memo cited several past prosecutions as examples, including cases involving operators who allegedly coached clients on how to hide pregnancies from immigration authorities, arranged fraudulent visa applications and helped foreign nationals travel to the United States to give birth. McDonald said such schemes can also involve wire fraud, identity theft, money laundering and conspiracy-related offenses.
The Justice Department’s memo said prosecutors should coordinate with the Executive Office for United States Attorneys to identify birth tourism cases in CaseView and to locate resources for investigations and prosecutions. It also said federal prosecutors should assess whether criminal forfeiture may be available in some cases.
The move underscores how the Trump administration, despite losing the legal fight over birthright citizenship, is continuing to frame birth tourism as an immigration and law enforcement priority.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
