The U.S. Justice Department has instructed federal prosecutors to place a higher priority on investigations into birth tourism operations, following the Supreme Court's rejection of President Donald Trump's effort to restrict birthright citizenship protections.
In a memo distributed on Tuesday to all department employees, senior Justice Department official Colin McDonald said the department will target individuals who enter the United States under "false pretenses" with the apparent purpose of giving birth to secure citizenship for their newborns.
McDonald specified that such cases could lead to criminal charges under several existing statutes. He named laws that prohibit visa fraud, money laundering, identity theft and wire fraud as potential vehicles for prosecution in cases tied to birth tourism.
In the memo, McDonald wrote: "The Department of Justice will zealously protect the sanctity of United States citizenship by investigating and prosecuting those who fraudulently exploit our immigration system." The memo was posted to social media after being shared within the department.
The directive explicitly followed the Supreme Court's decision to block the administration's attempt to limit protections for birthright citizenship. The memo frames intensified investigative and prosecutorial activity as a departmental response to that judicial outcome.
The internal communication instructs prosecutors to prioritize these investigations, though it does not set out specific operational steps or name particular offices or task forces that will lead the effort. The emphasis in the memo is on applying existing criminal statutes to alleged fraudulent conduct associated with birth tourism.
Authorities cited in the memo include statutes commonly used in immigration-related prosecutions: those addressing false statements and fraud tied to visas, financial transactions that could amount to money laundering, theft of personal information, and fraudulent use of communications systems that can be charged as wire fraud. The memo connects those statutes to conduct described as entering the country under "false pretenses" for the purpose of giving birth.
The department's message, as articulated by McDonald, stresses a commitment to enforcing citizenship laws through criminal prosecutions where appropriate. The directive follows the Supreme Court's action and signals a shift in priority for federal prosecutors handling immigration-related matters.
What to watch
- How individual U.S. attorney offices implement the prioritization in the memo.
- Whether prosecutions under the listed statutes increase for cases linked to birth tourism.
- How the posting of the memo on social media shapes public perception and departmental transparency.