Although the Supreme Court upheld birthright citizenship as a right protected by the Constitution, the Department of Justice (DOJ) made clear that it will maintain a firm stance against so-called birth tourism, a practice that, according to the government, seeks to take advantage of immigration laws to obtain citizenship benefits.

Through its official account, the agency stated that the ruling does not modify its commitment to combat organized schemes that promote the entry of pregnant women into the country with the aim of their children automatically obtaining US citizenship.

DOJ announces investigations and judicial proceedings

The Department of Justice assured that it will give priority to investigations and criminal proceedings related to birth tourism, considering that these networks exploit immigration laws and, in many cases, also fail to comply with federal legislation.

“Birth tourism schemes exploit our immigration laws and often violate our criminal laws,” the DOJ noted.

The agency added that those responsible for organizing this type of practices represent a threat to national security, for which they will be brought to justice.

The ruling does not change the government's strategy

The ruling makes clear that, although the Supreme Court kept birthright citizenship intact, federal authorities will continue to pursue those who, in their discretion, attempt to take advantage of legal loopholes to improperly obtain US citizenship.

“Actors who seek to exploit loopholes to obtain automatic citizenship for their children represent a threat to national security and will be brought to justice,” the Justice Department said.

The message marks the official position of the government after one of the most relevant decisions on immigration in recent years and anticipates greater scrutiny of organizations and people linked to birth tourism, even though the constitutional right to citizenship by birth remains in force.