The Debate Over Birthright Citizenship: Fraud and National Security Concerns
Critics of birthright citizenship argue it poses significant issues related to fraud and national security. This perspective was notably discussed during a U.S. Senate subcommittee hearing, where Republican lawmakers, including Sen. Eric Schmitt, R-Mo., emphasized that American citizenship requires robust protections against fraud and abuse.
Concerns Regarding Fraud: "Birth Tourism" and Exploitation Allegations
A primary concern frequently cited by critics is "birth tourism." This practice involves pregnant foreign nationals traveling to the U.S. with the specific aim of giving birth on American soil, thereby securing American citizenship for their child. Federal authorities have previously uncovered businesses dedicated to facilitating such services for substantial fees.
Former President Trump, among other opponents of birthright citizenship, has highlighted the birth tourism industry as an example of perceived exploitation, advocating for significant limitations on the policy.
Immigration advocates, such as Muzaffar Chishti of the Migration Policy Institute, suggest the issue is exaggerated, proposing that existing immigration and national security laws could adequately address occasional fraud incidents without necessitating an alteration to the 14th Amendment.
During his administration, President Trump took action by instructing the State Department to deny tourist visas to pregnant women if officials suspected their intent was birth tourism. A 2022 Senate Committee on Homeland Security report indicated that this policy change made it more difficult for birth tourism operations to function effectively.
Scale of Birth Tourism: Understanding the Numbers
The exact scale of birth tourism within the U.S. is not definitively known, as the State Department does not track these specific births. However, several estimates provide some insight:
- The Centers for Disease Control and Prevention (CDC) estimated approximately 9,500 births to individuals reporting a non-U.S. address in 2024.
- The Center for Immigration Studies (CIS), an organization supporting immigration restrictions, estimated about 70,000 births to temporary visitors in 2023.
Crucially, both these figures represent less than 2% of the total 3.5 million babies born in the U.S. annually.
Andrew Arthur, a senior fellow at CIS, argues that American citizenship includes valuable privileges, such as access to public benefits, and that the naturalization process for noncitizens should not be bypassed simply by birth on U.S. soil.
He also raised concerns that parents might view their child's U.S. citizenship as a future pathway to secure their own legal status, although parents typically must wait until the child is 21 to pursue this option.
National Security Allegations: Potential Threats and Lack of Evidence
Some Republicans and former President Trump have also voiced national security concerns. They suggest that a child born in the U.S. and subsequently raised overseas could potentially return later as an operative for a foreign government.
Defense intelligence analyst Andrew Badger acknowledged that while foreign governments, particularly China, are certainly capable of such actions, direct evidence of this specific pattern occurring has been lacking.
David Bier, an immigration policy analyst with the Cato Institute, noted that extensive reviews of terrorism and espionage cases have not revealed this particular pattern. He suggested that many parents primarily seek U.S. citizenship for their children for personal reasons, such as improved economic opportunities or fleeing authoritarian regimes.
Regarding the Commonwealth of the Northern Mariana Islands (CNMI), which was previously cited as a hub for birth tourism, local officials and businesses have actively collaborated with federal partners to enhance border security. Kimberlyn King-Hinds, a non-voting delegate for CNMI, reported that tourist-related births dropped significantly from 581 in 2018 to just 47 by 2025. She asserted that claims about CNMI being a current hotspot for birth tourism are outdated and negatively impact its crucial tourism-dependent economy.
Constitutional Context: The 14th Amendment and Ongoing Legal Challenges
This ongoing debate occurs within the broader context of the 14th Amendment to the U.S. Constitution. For over 125 years, this amendment has been widely understood to grant citizenship to most individuals born in the U.S. The primary exceptions have been for children of foreign diplomats and occupying forces.
A Supreme Court case is currently scheduled to hear oral arguments concerning former President Trump's executive order. This order sought to declare that children born in the U.S. to parents who are either illegally present or temporarily in the country would not automatically be considered American citizens. This case underscores the profound legal and constitutional implications of the birthright citizenship debate.