Blanche Says DOJ Is Using Fraud Laws To Combat Birth Tourism

Authored by Tom Gantert via The Epoch Times,

Despite a Supreme Court setback in June, the Justice Department (DOJ) is working with federal immigration agencies to combat birth tourism by using existing laws, U.S. Attorney General Todd Blanche said.

Birth tourism remains a problem, but officials are taking steps to prevent people coming to this country just to have a baby for American citizenship, Blanche told Epoch Times senior editor Jan Jekielek in an interview airing at 9 p.m. ET on Oct. 6.

DOJ is also working with the Department of Homeland Security to strengthen questions asked of travelers about their reasons for entering the country, Blanche said in the interview.

On June 30, the Supreme Court struck down President Donald Trump’s broad birthright citizenship order issued in January 2025, which excluded children of illegal immigrants and legal temporary visitors from automatic U.S. citizenship.

Blanche said the ruling still left room for the administration to act. He said he would use existing enforcement tools rather than wait for Congress to pass laws.

“Those cases can be difficult to prove, but it’s not slowing us down,” Blanche said.

Federal prosecutors have been told to prioritize investigations into birth tourism schemes.

Colin McDonald, the Justice Department’s assistant attorney general for fraud, wrote a June 30 memo stating the U.S. immigration system is being exploited by foreign nationals who travel to the United States “under false pretenses” to give birth and secure U.S. citizenship for their children.

On Aug. 6, Trump signed two executive orders, one identifying categories of children the administration considers ineligible for birthright citizenship and another directing the State Department and Department of Homeland Security to halt birth tourism.

One of the measures banned birth tourism. Another barred citizenship for children whose parents fell under several categories, including being a foreign government employee and member of a designated foreign terrorist organization.

A federal judge blocked that order in September and suggested it conflicted with the Supreme Court’s decision. “The 2026 Executive Order is almost certainly unconstitutional as applied to the certified class for the simple reason that the Supreme Court in Barbara already decided that the children in the class are citizens at birth,” U.S. District Judge Deborah Boardman said in an opinion on Sept. 2.

The Justice Department has asked Boardman to dissolve the injunction, stating that the plaintiffs involved lacked standing or a legal basis to sue. More specifically, it said that the executive branch clarified Trump’s order was prospective and therefore only applied to babies born after the order was signed. The babies of the plaintiff mothers were born before the order.

In September, the United States said it would deny visas to people who are involved in the practice.

The new policy targeted commercial network operators, visa “fixers” who coach applicants to commit fraud, and foreign medical providers who help arrange such travel and fraudulent Medicaid use, according to a State Department statement.

“The Trump Administration is using every tool at our disposal to defend the integrity of U.S. citizenship, protect American public benefits and U.S. taxpayers from exploitation, and safeguard our national security,” Secretary of State Marco Rubio said in a Sept. 23 statement. “By restricting visa issuance of those who both engage in and profit from this fraud, we are sending a clear message: The United States will not allow foreigners to exploit our immigration system and violate the sanctity of U.S. citizenship.”

The ACLU has fought Trump on restricting birthright citizenship.

“The 14th Amendment ensures that no politician can ever decide who among those born in our country is worthy of citizenship,” the ACLU stated in a 2025 post. “In the face of the Trump administration’s threats, the 14th Amendment’s protections continue to safeguard the rights of every person born in this country.”