Supreme Court Upholds Birthright Citizenship; Stephen Miller Calls for Review of Pregnant Foreign Visitors

On June 30, the U.S. Supreme Court ruled 6-3 that the Fourteenth Amendment guarantees citizenship to anyone born on U.S. soil, regardless of the parents’ immigration status. Chief Justice John Roberts wrote that “citizenship, then and now, was the right to have rights, to freely participate in our political community.” The decision overturned a Trump-era executive order that had sought to end the practice.

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White House Deputy Chief of Staff Stephen Miller appeared on Fox News and suggested that the administration “take a hard look” at temporary entry policies, including the possibility of banning foreign pregnant women. He argued that birthright citizenship creates a “direct line into American cash and welfare for the rest of that child's life” and that the United States must “think very carefully on who you let into the country, even on a temporary basis” because of “birth tourism.”

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Miller’s remarks were framed as a review of visa categories to prevent perceived abuse of the citizenship clause. Vice President J.D. Vance warned that birthright citizenship is “hanging by a thread.” The Justice Department reiterated its April directive to prosecutors to target immigrant networks involved in “birth tourism,” and the State Department’s 2020 rule continues to deny B-visa applications where officials suspect the primary purpose is to obtain citizenship for a child.

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Several conservative commentators and lawmakers offered more extreme proposals. Sean Davis of *The Federalist* published a list that included denying entry to all “female foreigners,” requiring sterilization of foreign visitors, and even dissolving the Union. Matt Walsh suggested that pregnant Guatemalan women were “sprinting across the border” to give birth. Rep. Lauren Boebert called for the State Department to “IMMEDIATELY cease to give out visas to pregnant applicants.” Rep. Andy Ogles introduced the “Anchors Away Act,” which he described as banning “all pregnant aliens” from entering the United States. Former Jan. 6 rioter Derrick Evans urged followers to contact ICE if they “see a pregnant foreigner.”

Rolling Stone

A State Department directive issued in January 2020 instructs consular officers to deny B-visa applications when there is reason to believe the applicant’s primary purpose is to give birth in the United States. The Justice Department’s “Birth Tourism Initiative” directs federal prosecutors to pursue cases involving fraudulent visa applications and the exploitation of welfare benefits.

Daily Beast

Approximately 3.6 million babies are born in the United States each year. Roughly nine percent are born to foreign-national parents, most of whom are long-term residents or legal visa holders. Estimates place “birth-tourism” cases at less than one-half of one percent of all U.S. births.

Rolling Stone

Sources agree on overall birth numbers but differ on the precise scale of birth-tourism, with no definitive national count available. The lack of comprehensive data hampers assessment of the policy proposals.

Tampa Free Press

• “If you have birthright citizenship, it means if a person comes here nine months pregnant... in a couple of weeks, that is the mother of a lifetime American citizen and a direct line into American cash and welfare for the rest of that child's life,” — Stephen Miller, White House Deputy Chief of Staff

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• “Well, what I'm saying, Jesse, is that 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,” — Stephen Miller

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• “State Department should IMMEDIATELY cease to give out visas to pregnant applicants.” — Rep. Lauren Boebert (R-CO)

Rolling Stone

• “hanging by a thread.” — Vice President J.D. Vance (R-OH)

Tampa Free Press

• “Citizenship, then and now, was the right to have rights, to freely participate in our political community,” — Chief Justice John Roberts

MEAWW

Legislators such as Rep. Andy Ogles are advancing bills like the Anchors Away Act. The administration is expected to issue guidance on visa screening, while advocacy groups call for congressional hearings on the impact of birthright citizenship on immigration policy.

Rolling Stone