Following today’s Supreme Court ruling which upheld birthright citizenship and struck down the President’s executive order, the U.S. Department of Justice DOJ has directed federal prosecutors to prioritise the investigation and prosecution of “birth tourism” schemes.
The U.S. Justice Department on Tuesday directed ‌federal prosecutors to prioritises investigations of so-called birth tourism schemes.
The DOJ’s directive, issued on June 30, 2026, represents a major shift in the administration’s immigration strategy following their defeat at the Supreme Court.
A senior Justice Department official, Colin McDonald, told employees in a memo that people who come to the United States under “false pretenses” to give birth and secure citizenship for their child ‌could be criminally charged under laws barring visa fraud, money laundering, identity theft and wire 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 a memo to all DOJ employees that was posted on social media.
As reported the new directive serves as a strategic pivot by the administration, focusing on enforcement against the businesses, individuals or visa agencies who facilitate such practices.
By targeting the facilitation and fraud aspects of “birth tourism,” the government is attempting to curb the practice without challenging the constitutional right to birthright citizenship itself.
