Trump administration, GOP seek workarounds to tackle birthright citizenship

By Sarah Roderick-Fitch
The Center Square

Following a decision from the U.S. Supreme Court to uphold birthright citizenship, Republicans and the Trump administration are seeking ways to curb babies born in the U.S. to noncitizens.

The 6-3 decision in Barbara v. Trump, stemming from President Donald Trump’s executive order to end birthright citizenship, granted American citizenship to any baby born in the U.S.

While Democrats hailed the ruling, less than 24 hours after the decision was released, Republicans and the Trump administration began a new fight to end birthright citizenship, with the president calling on Congress to act.

In a dissenting opinion, Justice Samuel Alito called the ruling both “one of the most important decisions in the history of the Court” and “a serious mistake.” 

“Careful analysis of the text of the 14th Amendment and the process that led to its adoption,” Alito argued, “shows that it does not degrade the concept of United States citizenship in this way. Instead,” he contended, “the 14th Amendment confers citizenship on only those children who, at birth, owe allegiance solely to this country.”

Stephen Miller, the president’s deputy chief of staff, hit the airwaves hours after the decision, floating the possibility that the administration may limit tourist visas.

“You have to now think very carefully about who you let into your country, even on a temporary basis, because the possibility ... for birth tourism,” Miller told Fox News. “People come here just to have babies on American soil, and that baby gets to be a citizen for life, you have mothers that come in fully pregnant, have a baby, go home, and again that baby gets Medicaid, and that baby gets welfare, and that baby gets cash assistance.”

Pew Research Center reports that in 2023, about 9% of all babies born, approximately 320,000 babies in the U.S., were born to “unauthorized or temporary legal immigrant mothers.”

Pew estimates about 260,000 of the 320,000 babies “would not have qualified for birthright citizenship if Trump’s executive order had already been in effect.” The group reports about 245,000 of those babies were born to mothers of illegal aliens and “fathers who were not citizens or lawful permanent residents” of the U.S. Another 15,000 of the babies were born to mothers who were in the country on legal, but temporary status, with fathers who weren’t citizens or “lawful permanent citizens.”

The Center for Immigration Studies estimated in 2020 that birth tourism accounted for the births of 20,000-26,000 babies, highlighting countries such as China, Taiwan, Korea, Nigeria, Turkey, Russia, Brazil and Mexico.

The group notes that Chinese citizens don’t need a visa to visit certain U.S. territories, including the Northern Marianas Islands, where “the birth tourism industry is rampant there, with more annual births to Chinese visitors than native residents.”

Democrats said the decision was the correct one and that Trump, through his executive order, violated the constitution.

"I think that that's a positive result for immigrant communities. I am a child of immigrants that came here undocumented, and today, I'm a citizen, and today, the Supreme Court reaffirmed that," California Assembly member Esmeralda Soria, D-Fresno, told The Center Square.

The Trump administration and Republicans have underscored the threat of Chinese birth tourism in the U.S. In fact, after the decision, Trump quipped on social media that it benefited China.

“I would like to congratulate President Xi, and the great country of China, on their massive birthright citizenship win!” the president posted on Truth Social.

In 2024, more than 1.6 million Chinese visited the U.S., down from the 2017 peak of 3.17 million, according to Statista.

The White House hasn’t floated the reduction of visas for visitors from China. In fact, in 2025, the president announced that the U.S. would allow up to 600,000 Chinese students to study in the U.S. over two years.

It is unclear if the Trump administration would specifically target visas issued to Chinese tourists. Based on prior indictments from the U.S. Department of Justice, birth tourists from China can fork over between $40,000 and $80,000, citing a probe by the U.S. Immigration and Customs Enforcement, Homeland Security Investigations and Internal Revenue Service Criminal Investigation, which resulted in 19 defendants indicted on immigration and visa fraud in Southern California.

Despite the president’s executive order, Republicans in the U.S. House of Representatives introduced legislation in January 2025 to end birthright citizenship; however, the last reported action was Jan. 21, 2025, when it was referred to the House Committee on the Judiciary. In April 2025, Sen. Lindsay Graham, R-S.C., introduced the legislation in the Senate.

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