Press Release

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The Fourteenth Amendment to the Constitution, adopted in 1868, is clear. This clause formalized birthright citizenship as a constitutional right, solidifying the legal doctrine of jus soli (“right of the soil”), which grants citizenship based on the location of birth.

Birthright citizenship has been a cornerstone of U.S. law for more than 150 years, and any attempt to alter or abolish it would require a constitutional amendment or a significant reinterpretation of existing law by the courts.

While this principle reflects the values of inclusion and equality, it has also become a lightning rod for controversy, particularly concerning its exploitation. President-elect Donald Trump has been at the forefront of this debate, reigniting his promise to end birthright citizenship as he prepares for a return to the White House. Trump has declared that he will issue an executive order to halt automatic citizenship for children born to non-citizens on U.S. soil.

While legal experts widely agree that any changes to this constitutional right would likely face significant challenges — potentially requiring a constitutional amendment or a landmark Supreme Court decision — Trump’s proposal resonates with many Americans concerned about immigration and national sovereignty. It underscores the tension between upholding constitutional principles and addressing perceived abuses of the system, making birthright citizenship a focal point in the ongoing debate over U.S. immigration policy.

Birthright Citizenship: A System Under Siege

In recent years, birthright citizenship has been subject to serious abuses, especially through so-called “birth tourism.” This phenomenon involves pregnant women from countries such as China and others traveling to the United States with the express purpose of giving birth on American soil. Entire tour groups have been organized to facilitate this practice, providing housing for pregnant women and arranging for their deliveries at U.S. hospitals. Often, these women do not pay the hospital bills, leaving U.S. taxpayers to shoulder the financial burden.

The Center for Immigration Studies (CIS) estimated that approximately 20,000 to 26,000 births occurred in the U.S. to women on tourist visas in the second half of 2016 and first half of 2017. This figure does not account for births to women on other temporary visas or those without legal status, suggesting the total number could be higher.

Let’s compare this number to the total number of births in the U.S. According to the Centers for Disease Control and Prevention (CDC), there were approximately 3,945,875 births in the country in 2016. The number of births decreased by 2% to about 3,855,500 in 2017.

These combined figures suggest that less than 1% of total births in the U.S. during these years were attributed to birth tourism, though the actual numbers could be higher when accounting for untracked cases.

Nevertheless, this practice not only drains resources from the healthcare system but also incentivizes a form of exploitation that undermines the integrity of U.S. immigration laws. The consequences ripple beyond just financial strain: it complicates visa issuance processes, resulting in law-abiding travelers — many of whom have held long-term U.S. visas — being called back to embassies for visa cancellations. These cancellations frequently occur without clear explanation, creating uncertainty and distrust among legitimate visitors.

Birthright Citizenship and Systemic Abuse

The abuse of birthright citizenship represents one of the most egregious forms of exploitation within the U.S. immigration system. Unlike undocumented migrant workers who cross the border seeking employment — often performing grueling agricultural work that U.S. citizens are reluctant to undertake — those exploiting birthright citizenship engage in calculated deception. Their goal is to secure an immediate and lasting benefit: U.S. citizenship for their child, often paired with a refusal to pay the associated medical costs. This type of abuse sets a dangerous precedent, rewarding deceit while placing undue strain on public resources.

According to the 2022 Final Report on Birth Tourism issued by the U.S. Senate Committee on Homeland Security and Governmental Affairs, many birth tourists received significant adjustments to their medical bills, with deductions often exceeding $25,000, and in some cases, the state where the child was born covered the remaining costs through the state health care system or Medicaid.

By blocking the automatic conferral of citizenship to children born under such circumstances, the United States could deter this form of exploitation and send a strong message about its commitment to border and immigration system integrity. Birth tourism, as it stands, exploits a legal loophole that undermines the spirit of the Fourteenth Amendment. It is a system ripe for reform, and tackling this issue could reassert the nation’s commitment to fair and lawful immigration practices.

The Modern Form of Birth Tourism

As reported by the CIS, international commercial surrogacy is emerging as a new form of birth tourism, where foreign nationals contract with U.S. surrogates to bear children who automatically receive American citizenship by birth. These children are often raised abroad, potentially facilitating future immigration pathways for their parents. This practice raises concerns about immigration fraud and national security risks, particularly when children are raised under foreign influences that may not align with U.S. interests.

Unlike other Western nations that prohibit international surrogacy or lack birthright citizenship, the United States’ current legal framework lacks federal regulations governing this industry, making it challenging to monitor and address potential abuses. There are many companies that are advertising surrogacy in the United States to international parents and using U.S. citizenship as a selling point. This practice takes away from the integrity of the system. U.S. immigration laws should be updated to reflect technological advancements in surrogacy and to implement measures that prevent exploitation of the system.

Constitutional Challenges and Modern Realities

Critics of ending birthright citizenship point to the Fourteenth Amendment’s explicit language as a constitutional barrier. While this is a valid concern, the U.S. legal system has, on rare occasions, adapted to changing societal realities through constitutional reinterpretation or amendments. If there were ever a moment in modern history to reconsider the application of the Fourteenth Amendment, it could be now, given the unique challenges posed by systemic abuses of birthright citizenship.

With a Republican-majority House and Senate as well as a conservative Supreme Court, the political environment may be ripe for Trump to deliver on his promise of ending birthright citizenship. Reforming birthright citizenship would not mean stripping citizenship from those born legitimately under the current system. Instead, it would involve targeted measures to address specific abuses while preserving the rights of individuals born to legal residents or citizens.