WASHINGTON (FN) —President Donald Trump’s administration is considering restrictions on pregnant foreign women traveling to the United States, following a Supreme Court decision that struck down his executive order limiting birthright citizenship.
The proposal, still under review, would mark a new attempt to curb what officials call “birth tourism” when foreign nationals travel late in pregnancy to give birth on U.S. soil, thereby securing citizenship for their children under the 14th Amendment.
On Tuesday, the Supreme Court ruled 6-3 that Trump’s executive order denying automatic citizenship to children born to parents in the U.S. illegally or temporarily was unconstitutional. The decision reaffirmed the long-standing principle of birthright citizenship, which grants citizenship to nearly all babies born in the country.
Senior White House adviser Stephen Miller said officials would take “a hard look” at banning pregnant visitors. Homeland Security leaders echoed the sentiment, arguing that birth tourism poses national security and economic risks.
White House Deputy Chief of Staff for Policy and Homeland Security described the issue as one of fairness: “If a person comes here nine months pregnant, in a couple of weeks that is the mother of a lifetime American citizen and a direct line into American cash and welfare for the rest of that child’s life.”
The Department of Justice has also been directed to prioritize investigations into organized birth tourism schemes.
Experts note that while birth tourism exists, it represents a small fraction of overall births in the U.S. Estimates suggest between 20,000 and 26,000 babies are born annually to foreign visitors a tiny share compared to the roughly 3.6 million total births nationwide.
Immigration advocates warn that banning pregnant women from entering the U.S. could raise human rights concerns and complicate international travel. Foreign governments, particularly in countries where birth tourism is more common, may view such restrictions as discriminatory.
The debate highlights broader tensions over immigration and citizenship in the United States, issues that resonate globally. Birthright citizenship is rare internationally; most countries require at least one parent to be a citizen or permanent resident. The U.S. policy has long distinguished it from nations in Europe and Asia.
For now, the administration’s proposal remains under consideration, with no formal policy announced. The Supreme Court ruling ensures that children born on U.S. soil continue to receive automatic citizenship, but the White House is signaling it will pursue new avenues to limit what it sees as exploitation of the system.
