Tag Archives: PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP

Trump v. Barbara – Ending The “Birth Tourism” Presumption That Birth On U.S. Soil Guarantees U.S. Citizenship

Prologue

Interesting article and even more interesting comments on the 14th Amendment "birthright citizenship" issue.The Trump v. Barbara case to be heard April 1, 2026 will probe which individuals born in the USA are not U.S. citizens at birth.www.nytimes.com/2026/03/30/u…

— John Richardson (@expatriationlaw.bsky.social) 2026-03-31T09:07:48.861Z

On Wednesday April 1, 2026 the Supreme Court of the United States will hear the “Trump v. Barbara” case. This issue is whether birth on U.S. soil is sufficient to confer U.S. citizenship regardless of the legal status of the parents.

You can listen to the live argument on the Supreme Court site. It all takes place on Wednesday April 1, 2026 at 10:00 a.m. Eastern time. I will post the audio on this blog.

Birth Tourism – What is it? Is it a legitimate concern?

A 2022 U.S. Government report on “birth tourism” included:

I. Executive Summary

Birth tourism refers to expecting mothers traveling to the United States to obtain U.S. citizenship for their children. These tourists often cite the superior educational and professional opportunities available in the United States as their justification for making such a trip. Obtaining U.S. citizenship for their children is a hedged bet—a rainy day fund for a better life.

The benefits of U.S. citizenship require little explanation and should be cherished by all who are presented with such a unique privilege. Birth tourists
surely understand the benefits, but fail to comprehend the privilege of U.S. citizenship. Birth tourism is problematic because it short circuits and demeans the U.S. naturalization process. U.S. citizenship is not a backup plan.

VII. Conclusion

The Committee’s investigation demonstrates the prevalence of birth tourism in the United States and how it demeans the naturalization process by
monetizing the privilege of U.S. citizenship. The State Department and CBP should work together to better understand the breadth of birth tourism in the
United States. Congress should also clarify the Immigration and Nationality Act to exclude birth tourism as a permissible basis for temporary travel to the
United States.

https://www.hsgac.senate.gov/wp-content/uploads/imo/media/doc/2022.12.20-%20Final_Birth%20Tourism%20Report.pdf

PDF here:

2022.12.20- Final_Birth Tourism Report

Clearly and understandably the U.S. Government is not happy with mothers coming to the United States for the sole purpose of giving birth to a U.S. citizen child.
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