DOJ vows to prosecute birth tourism after SCOTUS ruling

The Supreme Court ruled in Trump v. Barbara on Tuesday that children born in the U.S. to persons in the United States temporarily or unlawful are U.S. citizens automatically under the 14th Amendment.

Published: June 30, 2026 1:42pm

The Department of Justice on Tuesday warned that it would aggressively prosecute persons suspected of engaging in birth tourism schemes to secure citizenship for their children after the Supreme Court upheld birthright citizenship.

"Birth tourism schemes exploit our immigration laws and often violate our criminal laws," the DOJ posted. "The Department of Justice will prioritize the prosecutions of birth tourism schemes across the country. Actors seeking to exploit loopholes to obtain automatic citizenship for their children pose a national security threat and will be brought to justice."

The Supreme Court ruled in Trump v. Barbara on Tuesday that children born in the U.S. to persons in the United States temporarily or unlawful are U.S. citizens automatically under the 14th Amendment.

The ruling did not render laws outlawing birth tourism unconstitutional, nor did it prohibit the prosecution of persons attempting to secure birthright citizenship for their children through birth tourism.

President Donald Trump has since urged Congress to pass legislation to either limit or end birthright citizenship, though the ability of the legislature to do so without a constitutional amendment remains unclear.

Ben Whedon is the Chief Political Correspondent for Just the News. Follow him on X.

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