Less than 24 hours after the U.S. Supreme Court struck down President Donald Trump’s executive order ending birthright citizenship, Trump officials and allies are considering visa restrictions or enforcement steps targeting pregnant foreigners suspected of travelling to the U.S. primarily to give birth so their children receive citizenship. Existing rules already allow visa denial when that is the primary purpose of travel.
Homeland Security Secretary Markwayne Mullin told Fox News on Wednesday that tourists arriving to give birth in the final weeks of pregnancy should be denied travel visas, describing the practice as a national security risk. Senior White House adviser Stephen Miller said the country needed to think very carefully about who it allows to deliver a baby on American soil. Mullin said the idea was discussed directly with Trump, Miller and border czar Tom Homan in a long conversation at the White House on Tuesday night following the ruling.
Trump separately urged Congress to act after the court defeat, writing on Truth Social that lawmakers should “start TODAY” on ending what he called unfair birthright citizenship.
Republican lawmakers have also proposed legislation aimed at restricting birth tourism. Rep. Andy Ogles said he would introduce a bill to bar certain pregnant foreign nationals from entering the country if officials determine their primary purpose is to secure U.S. citizenship for a child.
The proposals are likely to face legal and political scrutiny after the Supreme Court ruling, which left the constitutional guarantee of birthright citizenship intact.
