Federal prosecutors on June 30 were directed to prioritize investigations into “birth tourism” schemes after the Supreme Court struck down President Donald Trump’s executive order ending birthright citizenship for children born to illegal immigrants.
Colin McDonald, the Justice Department’s assistant attorney general for fraud, said in a memo to department employees that the U.S. immigration system is being exploited by foreign nationals who travel to the country “under false pretenses” to give birth and secure U.S. citizenship for their children.
He instructed all U.S. attorneys and the Criminal Division to work with the Department of Homeland Security to investigate and prosecute those involved in such schemes.
“The Department of Justice will investigate and hold accountable those who engage in this unlawful conduct, as well as those who solicit and sell these criminal services to others,” McDonald said.
The Supreme Court ruled on June 30 that Trump’s executive order, which barred children born to illegal immigrants in the United States from receiving citizenship, ran counter to the U.S. Constitution.
Chief Justice John Roberts, who authored the majority opinion, said that the Constitution’s 14th Amendment covers even children birthed by illegal immigrants, citing English legal doctrine that generally treats any person born in a country as a citizen of that country.
After the ruling, Trump posted on Truth Social urging Congress to work on legislation that would restrict birthright citizenship.
Zachary Stieber contributed to this report.
This story is developing and will be updated.
