In the same week the U.S. Supreme Court left birthright citizenship intact, the Department of Justice moved to open a new front against so-called “birth tourism.” On July 1, 2026, the DOJ issued an internal memorandum directing federal prosecutors to make the investigation and prosecution of birth tourism schemes a criminal enforcement priority.
The directive followed the Supreme Court’s 5-4 decision striking down the administration’s executive order that had sought to limit birthright citizenship to children with at least one parent who is a U.S. citizen or lawful permanent resident. With the constitutional guarantee of citizenship for children born on U.S. soil confirmed, the administration pivoted to enforcement of existing criminal statutes.
The memo, issued through the office of the Deputy Attorney General, instructs criminal-division staff to “prioritize the investigation and prosecution of birth tourism schemes.” Because birth tourism itself sits in a legal gray area, prosecutors are being told to pursue related charges — including visa fraud, wire fraud, money laundering, and identity theft — against organizers and participants who enter the country under false pretenses specifically to obtain U.S. citizenship for a child.
The crackdown targets the full commercial chain that supports the practice, with a particular focus on agencies and “maternity hotels” (月子中心) that market birth-tourism packages. Prosecutors have already secured convictions in several cases: operators of one maternity-center network received multi-year prison sentences for visa fraud involving hundreds of clients and millions of dollars in fees.
What it means. For prospective parents, the key takeaway is that a child born in the United States remains a U.S. citizen — that has not changed. What has changed is the legal risk for those who use fraudulent visa applications or misrepresent the purpose of their travel. Applicants should never misstate the purpose of a visit on a visa application, as a fraud finding can carry criminal exposure and permanent immigration consequences. Anyone considering travel to the U.S. around a birth should consult a qualified immigration attorney and be fully truthful in all filings.
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Source: 1Point3Acres (一亩三分地)