US Justice Department Orders Prosecutors to Prioritize Birth Tourism Cases

Tough Crackdown Despite Supreme Court Ruling Against Birthright Citizenship Limits Trump Regrets Court Decision, Vows to Continue Restricting Birthright Citizenship

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By Kim Jung-wook
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AI-generated image (ChatGPT). - Seoul Economic Daily International News from South Korea
AI-generated image (ChatGPT).

The US Justice Department has ordered federal prosecutors to prioritize the investigation and prosecution of birth tourism cases.

According to CNN and other foreign media outlets, the US Justice Department instructed all federal prosecutors in a letter Monday to handle birth tourism cases first.

Birth tourism refers to the practice of entering the United States under false pretenses about the purpose of the visit and giving birth there, exploiting the Birthright Citizenship system, which automatically grants US citizenship to any child born in the country.

The Justice Department's move came just hours after the US Supreme Court ruled Monday that President Donald Trump's executive order restricting birthright citizenship was unconstitutional.

In a post on X, formerly Twitter, the Justice Department warned that "birth tourism schemes exploit immigration laws and frequently violate criminal statutes," adding that "those who exploit legal loopholes to allow their children to automatically acquire citizenship will face the judgment of the law."

The Justice Department directed frontline prosecutors to cooperate with the Department of Homeland Security (DHS) in investigating birth tourism. In April, the DHS had ordered its investigators to focus on birth tourism investigations.

Members of a U.S. civil society group welcome the Supreme Court's ruling upholding "birthright citizenship" in front of the federal Supreme Court in Washington, D.C., on June 30 local time. AP Yonhap News - Seoul Economic Daily International News from South Korea
Members of a U.S. civil society group welcome the Supreme Court's ruling upholding "birthright citizenship" in front of the federal Supreme Court in Washington, D.C., on June 30 local time. AP Yonhap News

Reuters analyzed that the Justice Department's directive suggests the Trump administration will continue its hardline anti-immigration policy despite the Supreme Court's check.

The US Supreme Court on Monday blocked Trump's policy of restricting birthright citizenship. In a 6-3 opinion, the court found that the lower court's decision blocking Trump's executive order limiting birthright citizenship was lawful.

Chief Justice John Roberts said, "Citizenship was and is the right to have rights, the right to participate freely in our political community. Those who framed the Fourteenth Amendment extended that promise to all persons born free on this soil. We keep that promise today."

Trump expressed regret over the court's decision and urged Congress to abolish birthright citizenship. Immediately after the ruling, Trump wrote on Truth Social, "The Supreme Court's ruling is a great misfortune for America," adding that "we will not stop our efforts to restrict birthright citizenship, including through congressional legislation."

Meanwhile, the US State Department in early June disclosed some 600 crackdown cases targeting foreign pregnant women who sought to obtain US citizenship for their children using tourist visas, along with the brokers who assisted them. It is not illegal for a foreigner to give birth in the United States. However, obtaining a tourist visa while concealing that the actual purpose of entry is childbirth may constitute a violation of immigration regulations and visa fraud.

Original reporting by Kim Jung-wook for Seoul Economic Daily.

AI-translated from Korean. Quotes from foreign sources are based on Korean-language reports and may not reflect exact original wording.

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