Understanding Trump’s Executive Order on Birth Tourism

President Trump recently issued an executive order aimed at curbing ‘birth tourism.’ This practice involves foreign women, often from upper-middle-income backgrounds, attempting to exploit the U.S. immigration system by traveling to the country legally with the intention of giving birth and securing U.S. citizenship for their newborns.

Clarifying the Terms: Birth Tourism vs. Birthright Citizenship

It’s important to distinguish birth tourism from birthright citizenship. The Fourteenth Amendment grants citizenship to anyone born on U.S. soil, regardless of the parents’ legal status. The U.S. Supreme Court has affirmed this. Birth tourism, however, involves traveling to the U.S. with the sole purpose of giving birth, returning home with the newborn, who is now a U.S. citizen. A network of companies and advisors profit from facilitating this practice.

Three Cheers for the Executive Order

Exposing the System Abuse

The first cheer is for exposing birth tourism as system abuse. Deceptive advertisements and inducements entice women to travel to the U.S. for childbirth. In 2009, facilities in Arizona marketed birth packages that offered advanced technology, cozy settings, and the opportunity for American citizenship. Prices ranged from $2,300 to $4,600, highlighting perceived benefits, even though they involved manipulating legal loopholes.

Tackling Corruption

The second cheer is for addressing corruption. Operators promise citizenship, benefits, and stays in specialized facilities that often don’t deliver. Women, primarily from China and Russia, pay hefty amounts to relocate temporarily and secure U.S. citizenship for their babies. The Guardian reported costs between $30,000 and $100,000 during the Obama administration for such packages. A 2020 estimate indicated 33,000 births to women on temporary visas, with recent figures suggesting 70,000 births in 2023.

Progress Towards Immigration Reform

The third cheer is for progress towards immigration reform. Voters rejected Democrats partly due to dissatisfaction with open-border policies. This ongoing issue demands action, and birth tourism is a part of it. While opponents of immigration reform want border issues resolved first, Trump has made claims of solving them. If birth tourism is effectively tackled, it may pave the way for discussions on creating legal pathways for foreign workers.

Merrill Matthews serves as the Texas state chair of Our Republican Legacy.