The Trump administration's long-running crusade against 'birth tourism' has taken a sharp turn with Acting Attorney General Todd Blanche announcing plans to crack down on individuals using the US as a delivery room for securing citizenship for their children. This move comes as a surprise, given the Supreme Court's recent decision upholding birthright citizenship – a cornerstone of American law.
Blanche's remarks, made just hours after the high court's ruling, indicate a shift in strategy towards leveraging existing visa and application processes to identify and prevent individuals from exploiting the system. Federal prosecutors and law enforcement agencies, including the FBI, will now concentrate on curbing this activity, with Blanche stating that "there are other things … the federal government can do" to limit 'birth tourism'.
During oral arguments in April's 'Trump v Barbara' case, a government lawyer admitted that the actual scale of 'birth tourism' was unknown. However, President Trump is reportedly advocating for new legislation that would introduce exceptions to birthright citizenship, specifically targeting children born to parents who do not hold permanent legal status in the United States.
Blanche elaborated on the Department of Justice's approach, stating that federal agents and the FBI will be focused on stopping 'birth tourism' by scrutinising visa applications and travel intentions. This policy direction highlights a broader push by the administration to tighten immigration controls and redefine aspects of US citizenship – even in the face of established legal precedents.
For British travellers planning to visit the United States, particularly those who are pregnant or starting a family, it's essential to understand the implications of these heightened enforcement measures. While the focus is on 'birth tourism', increased scrutiny at points of entry and during visa applications could affect a broader range of visitors. The US requires British citizens to obtain an ESTA (Electronic System for Travel Authorization) for stays up to 90 days for tourism or business, costing $21 (£17) and typically valid for two years. For longer stays or different purposes, a visa is required. With the FCO advising against all travel to certain areas of the US due to local issues, British travellers should always check the latest advice before embarking on their trip.