Court Birthright Ruling Sparks Fresh Push to Screen Pregnant Visitors at US Borders

Following the Supreme Court's validation of birthright citizenship, conservative anger has reached the highest levels of the Trump administration, prompting renewed calls to tighten restrictions on pregnant foreign nationals entering the US.

A major pillar of Trump's immigration agenda crumbled when judges voted 6-3 to strike down his immediate ban on birthright citizenship for children of non-citizens, leaving Republicans searching for alternative ways to curb so-called 'birth tourism'.

Miller Warns of Rise in 'Birth Tourism'

White House adviser Stephen Miller, appearing on Fox News with Jesse Watters, said the ruling means immigration officials must pay closer attention to temporary visitors.

'You have to now think very carefully about who you let into your country, even on a temporary basis, because [of] the possibility, as you said, for birth tourism,' Miller said.

How Common Is Birth Tourism?

Each year, tens of thousands of foreign nationals give birth in the US, including temporary workers, international students, asylum seekers and undocumented migrants. A much smaller number are tourists who travel on visitor visas, which typically allow stays of up to six months.

Misrepresenting the purpose of a trip to obtain US citizenship for a child is already a crime under US immigration law. A Department of Justice memorandum issued this week instructed prosecutors to pursue such cases more aggressively, investigate suspected birth tourism schemes and seek tougher penalties where appropriate.

However, the Migration Policy Institute estimates that birth tourism accounts for only a tiny share of US births.

'Though hard to know for certain, the most expansive albeit contested estimate based on review of U.S. Census Bureau data is that up to 26,000 babies born in the United States annually could be attributed to birth tourism—a tiny fraction of the more than 3.5 million U.S. births yearly,' the institute wrote.

Critics Challenge Miller's Claims

Miller argued that some families deliberately obtain US visas to give birth in America, allowing their children to receive lifelong citizenship and access to public benefits.

'People come here just to have babies on American soil, and that baby gets to be a citizen for life,' he said, adding that some families could later claim Medicaid, welfare and cash assistance linked to the child.

Immigration advocates dispute that assessment, arguing that US visitor visas are difficult to obtain and are generally issued only to wealthier applicants. They also note that affluent foreigners seeking long-term residency usually rely on legal immigration routes, such as investor visas.

Practical Barriers Remain

The issue has gained wider attention within the administration, with Homeland Security Secretary Markwayne Mullin also raising concerns about late-stage pregnancies during a Fox & Friends appearance.

Despite the political debate, practical obstacles remain. Airlines routinely refuse to carry passengers beyond 36 weeks of pregnancy, while US Customs and Border Protection officers already have the authority to deny entry to travellers they believe are violating immigration rules.

Officials also face another challenge: tourist visas can remain valid for up to 10 years, allowing travellers to obtain approval long before becoming visibly pregnant, making it difficult to identify birth tourism during visa interviews.