The U.S. Department of Justice on Tuesday directed federal prosecutors to prioritize investigations and prosecutions of birth tourism schemes, just hours after the Supreme Court upheld birthright citizenship in a landmark ruling. The crackdown carries direct consequences for cross-border families along the Tijuana-San Diego corridor.
Assistant Attorney General Colin McDonald issued the memorandum to DOJ staff on July 1, calling birth tourism schemes an exploitation of the U.S. immigration system that violates criminal law. “Together, we will bring illegal birth tourism to an end and those responsible to justice,” McDonald wrote.
The memo instructs U.S. attorneys to coordinate with the Department of Homeland Security (DHS) and Homeland Security Investigations (HSI) agents to build cases against foreign nationals who travel to the United States under false pretenses to give birth. Potential charges include visa fraud, money laundering, identity theft, and wire fraud.
What the Law Actually Says
Giving birth in the United States is not illegal. The DOJ’s focus is on misrepresentation: lying about the purpose of travel on a visa application or at a port of entry. For anyone crossing at San Ysidro, Otay Mesa, or Tecate with a tourist visa or border crossing card, stating a false reason for entry already constitutes fraud under existing federal law.
The Supreme Court ruled 5-4 earlier that day to strike down President Trump’s executive order that sought to limit automatic citizenship to children born to at least one U.S. citizen or lawful permanent resident parent. Chief Justice John Roberts, joined by Justice Amy Coney Barrett and the three liberal justices, wrote that the 14th Amendment guarantees citizenship for nearly all children born on U.S. soil.
What This Means for Baja California Residents
Researchers at Penn State have estimated that Mexican mothers account for a significant share of birth tourism cases in the United States. Southern California has been a particular focus, with previous federal investigations targeting “maternity hotels” and operations that coached pregnant women to lie at ports of entry.
One Baja California woman told NBC 7 San Diego she considered giving birth in San Diego last year but chose a Tijuana hospital instead, citing fear of losing her visa and her SENTRI pass. SENTRI (Secure Electronic Network for Travelers’ Rapid Inspection) is the trusted traveler program used by tens of thousands of Baja residents for expedited border crossings.
For Mexican nationals holding U.S. tourist visas or border crossing cards, the DOJ memo does not change the underlying law. Misrepresenting travel purposes has always been a federal offense. What has changed is the enforcement priority. Deputy Attorney General Todd Blanche said DOJ is making birth tourism enforcement “a top priority” following the Supreme Court’s decision.
President Trump responded to the ruling on Truth Social, writing that birthright citizenship “is too bad for our Country” but that he would pursue legislative changes through Congress.
This story was first reported by NBC 7 San Diego.