Birth tourism is fraud and needs to stop
While the Supreme Court (wrongly) failed to stop birthright citizenship, Congress can and should act to block the travesty that is birth tourism.
Susan Quinn | July 8, 2026 www.americanthinker.com
SCOTUS may have decided incorrectly to approve birthright citizenship, but it also disrespected our Constitution by allowing birth tourism to continue. Although there are some folks who will continue to fight the overall concept of birthright citizenship, our legislators are thankfully already pursuing the banning of birth tourism.
Birth tourism refers to a pregnant woman coming to this country specifically to ensure that her baby is born here and will automatically be a U.S. citizen.
In his dissent to the decision, Justice Samuel Alito pointed out that birth tourism has serious national security implications:
Suppose that a person’s only connection to this country is that he was born here to a mother who was present just long enough to give birth and then quickly returned to her native country. Suppose that country is a strategic adversary or enemy of the United States. Suppose the child never visited the United States while growing up and was inculcated with hatred of this country. According to the Court, that person is a citizen of the United States. He can enter and leave the country as he pleases. He can travel the world on a United States passport. Even if he plots to harm this country, he cannot be deprived of his status as a citizen, at least under current precedent.
Allowing these women to enter this country is a travesty. It devalues the principle of American citizenship because its purpose is to exploit this loophole for personal gain, with our country having no way of knowing whether these tourists truly want their children to be U.S. citizens, complete with all the ensuing benefits. When they return to their home country (usually China), the mothers could also have gleaned all types of information that could challenge our national security.
Part of the problem is that companies have been established to streamline the birth tourism process. For example, a company called “Have My Baby” promised to handle all logistical needs and provide maternity services from start to finish for these foreigners.
To tackle these despicable businesses, Rep. Brandon Gill (R-TX) has been appointed to the new Task Force on Defending Constitutional Rights and Exposing Institutional Abuses:
It should appall every American to know that there is a thriving birth tourism economy on our soil, perpetuated by foreign nationals who undermine our sovereignty and have no regard for our rule of law,’ said Rep. Brandon Gill, R-Texas, in a press release.
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Gill and House Committee on Oversight and Government Reform Chairman James Comer, R-Ky., last week sent letters to four U.S. entities and businesses ‘that are engaged in and profit from birth tourism.’ Seeking company documents, the lawmakers accuse the delivery centers of exploiting birthright citizenship by ‘explicitly marketing their maternity services to foreign expectant mothers who take advantage of the U.S. immigration system to give birth in the U.S., which gives their child U.S. citizenship.
One way to deal with these fraudulent attempts is to screen visitors, particularly from China, for their intentions for coming to this country. If they misrepresent themselves on their visa applications, claiming they are coming only as tourists and not to give birth, that’s fraud.
How significant is this problem? The Center for Immigration Studies documents 70,000 births to temporary visitors in 2023:
‘Furthermore, if we assume, based on past experience, that births equal about 2 percent of the total temporary visitor population each year, then there have been close to 500,000 births to temporary visitors over the past decade,’ the think tank reported.
Colin McDonald, the DOJ’s assistant attorney general for fraud enforcement, has been passionate about punishing those pursuing birth tourism and is looking for the organizations abetting those activities. Three cases that he has prosecuted were (1) Michael Wei Yueh Li and Jing Dong were sentenced to 41 months in prison, having charged tens of thousands of dollars to customers; (2) Ibrahim Aksakal spent 27 months in prison for a birth tourism scheme; and (3) Chao “Edwin” Chen whose 100 employees assisted 500 customers in traveling to the U.S, was sentenced to 37 months in prison.
In a different strategy, some legislators have insisted that women should be tested for pregnancy before they enter the country, and prohibited from entering if they are, but that approach may be considered an invasion of privacy.
With the commitment to stop this abuse of our immigration system, we can only hope that a remedy will soon be identified. It’s time to demonstrate the proper respect and honor that U.S. citizenship deserves.