US Top Court Upholds Birthright Citizenship; Lawyer Warns of Stricter Scrutiny on Birth Tourism

(CNA) LOS ANGELES, July 2, 2024) The U.S. Supreme Court yesterday upheld the principle of "birthright citizenship." Immigration lawyer C.K. Chen stated that the Trump administration may still scrutinize "birth tourism" through other means, making it more difficult for expectant mothers to travel to the U.S. to give birth.

Upon returning to the White House for his second term on January of last year, U.S. President Trump signed an executive order attempting to restrict birthright citizenship. The executive order argued that if a child is born in the United States to parents who are not U.S. citizens or lawful permanent residents, they should not automatically acquire U.S. citizenship.

The Supreme Court ruled 6-3 yesterday, rejecting Trump's executive order. Immigration lawyer C.K. Chen, who practices in Southern California, told CNA reporters that this ruling confirms the long-standing interpretation of the 14th Amendment of the U.S. Constitution: that birth in the United States confers U.S. citizenship.

Chen explained, simply put, that regardless of the parents' status or how they entered the United States, a child born in the U.S. is a U.S. citizen. However, he pointed out that the Trump administration may still find other ways to strictly limit birth tourism.

Reuters reported that within hours of the Supreme Court's ruling, the U.S. Department of Justice ordered federal prosecutors to prioritize the investigation of "birth tourism" cases, where foreign expectant mothers travel to the U.S. under false pretenses to give birth and obtain citizenship for their children.

Reuters analysis indicated that the Justice Department's memo suggests that although the Trump administration could not restrict birthright citizenship through an executive order, it still intends to intensify its crackdown on "birth tourism," continuing the Trump administration's hardline stance on immigration policy.

Chen stated that the U.S. government may subsequently focus on customs, entry, and visa screening. If foreign expectant mothers are deemed to have entered the U.S. primarily to obtain U.S. citizenship for their children, they may face stricter scrutiny upon entry, or even be denied entry at customs.

He said that with the Supreme Court's ruling confirmed, it remains as before for foreigners legally working or studying in the U.S. to have children and for those children to obtain U.S. citizenship. However, those who deliberately fly to the U.S. to give birth, making their children so-called "American babies," may face higher legal risks.

Chen said that the U.S. government may strengthen screening in the future, restricting pregnant women in their later stages of pregnancy from flying into the U.S. In addition to strict entry scrutiny, he pointed out that when applying for a green card or citizenship in the future, immigration authorities may review whether individuals have previously traveled to the U.S. specifically to give birth, and if not self-funded and involving the use of U.S. social welfare, it may be subject to strict examination. (Editor: Chen Hui-ping) 1150702

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