After the U.S. Supreme Court ruled that President Donald Trump's executive order restricting birthright citizenship was unconstitutional, Trump's aides are considering measures to block the entry of pregnant foreign women altogether. Experts voiced concern, calling the concept "a truly dangerous proposal that data on who is pregnant and what their pregnancy status is could be handed over to the U.S. government."
"Must Carefully Consider Who Enters the U.S."
According to a report by U.S. online outlet Axios on Sunday, following the previous day's Supreme Court ruling, Trump's aides and "MAGA" supporters, a term referring to his core base, are considering such a "Plan B."
Stephen Miller, White House Deputy Chief of Staff who designed the Trump administration's hardline immigration policy, said in a Fox News interview the previous day, "We have to now very carefully consider who's coming into the country, even temporarily," citing the possibility that people come to give birth on American soil and that the baby would hold citizenship for life. Sean Davis, founder of the pro-Trump conservative outlet "The Federalist," also proposed the same idea. According to Axios, this idea has also been raised by figures in the Trump administration.
Immediately after the Supreme Court ruling upholding birthright citizenship, Trump expressed regret and called on Congress to pass legislation that could produce practical effects similar to his executive order, which was found unconstitutional, without amending the Constitution. The U.S. Justice Department also directed federal prosecutors to prioritize investigating and prosecuting "birth tourism" cases, which refer to foreigners entering the U.S. under false pretenses to give birth in order to obtain U.S. citizenship for their children.
The Justice Department acted immediately. According to guidance shared with Justice Department staff on the day of the Supreme Court ruling, Deputy Assistant Attorney General Colin McDonald shared several cases he labeled "birth tourism schemes," noting, "The benefits of U.S. citizenship need not be explained. Unfortunately, thousands of foreigners each year abuse our system by traveling to the U.S. on false pretenses to secure citizenship for their children." McDonald said, "Birth tourism schemes abuse our immigration system and violate criminal law," adding, "We will investigate and hold accountable those who participate in these illegal acts, as well as the brokers who solicit and sell these criminal services to others." He also directed staff to cooperate with the Department of Homeland Security (DHS) to prioritize handling such cases.
In Congress, calls for a constitutional amendment have even emerged. Republican House Speaker Mike Johnson told reporters on the day of the ruling, "Birthright citizenship has been overly abused and exploited," adding, "The conclusion that can be drawn from this ruling is that to resolve this issue, the Constitution must be amended."
U.S. to Check Pregnancy Status of Women Worldwide? "A Dangerous Idea"
Regarding this plan, Axios noted it "will spark a new debate over pregnancy, travel and citizenship, and will shift the discussion from the rights of children born in the U.S. to restricting who can enter the country."
However, criticism has emerged over the plan to bar pregnant foreigners from entering at all. Katie O'Connor, Senior Director of Federal Abortion Policy at the National Women's Law Center, told Axios, "The idea that data on who is pregnant and what their pregnancy status is could be handed over to the federal government, and further to state governments, is a truly dangerous proposal." She added, "It could be as simple as just asking whether someone is pregnant (during entry screening), but it could be more than that. There's no way to predict what this administration will do."
The U.S. administration does not count the number of babies born to foreigners visiting the country, but outside estimates put the figure at 20,000 to 26,000 per year. In this regard, Axios cited U.S. Centers for Disease Control and Prevention (CDC) statistics showing that 3.6 million babies were born in the U.S. last year, reporting that "birth tourism is relatively rare."
Axios also noted that several players, including Folarin Balogun, a key striker for the U.S. national soccer team that advanced to the round of 32 at the World Cup in North America, would not have been eligible to play for the U.S. without birthright citizenship.
