Following a landmark U.S. Supreme Court ruling, federal prosecutors have been directed to prioritize investigations into “birth tourism” schemes. The directive, issued on June 30 by Colin McDonald, the Justice Department’s Assistant Attorney General for Fraud, comes immediately after the high court struck down an executive order by President Donald Trump that aimed to end birthright citizenship for children born to undocumented immigrants. McDonald emphasized that the U.S. immigration system must be protected from exploitation by foreign nationals who enter the country under false pretenses to secure citizenship for their children.
In a memorandum to department personnel, McDonald instructed U.S. attorneys and the Criminal Division to collaborate closely with the Department of Homeland Security to prosecute those facilitating these operations. To combat these schemes effectively, federal prosecutors have been advised to expand their legal strategies beyond standard visa fraud charges. The memo suggests pursuing charges related to wire fraud, money laundering, identity theft, and conspiracy to commit healthcare fraud against both the operators and clients of such illicit businesses.
The Justice Department highlighted several past successful prosecutions to illustrate the scale and nature of birth tourism networks. Notable cases include the sentencing of a couple associated with “USA Happy Baby Inc.” to 41 months in prison for facilitating fraudulent visas and housing for Chinese nationals, as well as the prosecution of Chao “Edwin” Chen, who allegedly operated a multi-million dollar scheme serving hundreds of clients. These examples, according to federal authorities, underscore the organized effort to bypass established legal immigration channels.
The intensification of federal enforcement follows the Supreme Court’s decision on June 30, which declared President Trump’s January 2025 executive order unconstitutional. Chief Justice John Roberts, writing for the majority, affirmed that the 14th Amendment’s citizenship clause applies to children born in the United States regardless of their parents’ immigration status. In response to the ruling, President Trump publicly urged Congress to initiate legislative measures to restrict birthright citizenship, promising his full support for such efforts.
