Supreme Court Blocks Citizenship Executive Order
The Supreme Court on Tuesday ruled that a Trump executive order seeking to deny citizenship to children born in the U.S. whose parents are not citizens was unconstitutional. The decision immediately prompted Trump administration officials and allied figures to pursue an alternative strategy: preventing pregnant foreign women from entering the country in the first place.
Trump advisor Stephen Miller told Fox News host Jesse Watters on Tuesday that America must "think very carefully about who you let into your country, even on a temporary basis," because children born to noncitizens can become U.S. citizens and access the social safety net. "There's a lot of things we're gonna have to take a hard look at," Miller said.
Justice Department Targets Birth Tourism Schemes
The Justice Department released a memo on Tuesday urging prosecutors to investigate so-called birth tourism, the practice of foreign visitors coming to America specifically to give birth and secure U.S. citizenship for their children. Assistant Attorney General Colin McDonald wrote that criminal laws already prohibit conduct inherent to these schemes, particularly false visa applications made with lies about the purpose or duration of travel.
McDonald identified multiple potential charges prosecutors should consider beyond visa fraud, including wire fraud, health care fraud, money laundering and aggravated identity theft. Homeland Security Secretary Markwayne Mullin agreed on Wednesday with Fox News host Brian Kilmeade that birth tourism represents a genuine concern.
The Scale of Birth Tourism
The government does not track the number of babies born to foreign visitors, but outside estimates place the figure between 20,000 to 26,000 cases per year. For context, 3.6 million babies were born in America in 2025 according to the Centers for Disease Control, making birth tourism relatively rare.
Republicans Question the Constitutional Path
Several prominent elected Republicans with law backgrounds broke with President Trump on Tuesday, arguing that a constitutional amendment would have to be passed to change the method of obtaining citizenship through birth. These GOP figures suggested the Supreme Court's interpretation of the 14th Amendment could not be overcome through executive action alone.
Implications for Athletes and Citizens
The Trump administration's push to restrict pregnant visitors carries implications for Americans whose eligibility to represent the country depends on birthright citizenship. The U.S. World Cup team features several players who would not be eligible without birthright citizenship protections, including striker Folarin Balogun, who scored half the team's goals in its opening game.
Trump has not directly endorsed banning pregnant visitors but appeared to reference birth tourism in a Truth Social post Tuesday following the Supreme Court decision. "I would like to congratulate President Xi, and the Great Country of China, on their massive Birthright Citizenship WIN," Trump wrote sarcastically.
