No expectant moms at the border: Trump's birthright Plan B

Axios Axios —

After losing the https://www.axios.com/2026/06/30/scotus-rejects-trumps-birthright-citizenship-policy" target="_blank">birthright citizenship case at the Supreme Court, https://www.axios.com/politics-policy/donald-trump" target="_blank">President Trump's aides and MAGA allies quickly pivoted to a new plan: blocking pregnant foreign women from entering the United States.

Why it matters: The proposal would open a new immigration battle over pregnancy, travel and citizenship, shifting the conversation from challenging the https://www.axios.com/2026/04/01/trump-birthright-citizenship-14th-amendment" target="_blank">rights of children born in the U.S. to restricting who can enter the country.

State of play: The Supreme Court on Tuesday https://www.axios.com/2026/06/30/scotus-rejects-trumps-birthright-citizenship-policy" target="_blank">ruled that a Trump executive order that sought to deny citizenship to children born in the U.S. whose parents are not citizens was unconstitutional.

  • Immediately after that decision, MAGA figures like Federalist founder Sean Davis https://x.com/seanmdav/status/2071983931998494799" target="_blank">suggested the U.S. bar pregnant foreign women from entering the country, an idea also floated by administration figures.
  • Trump advisor Stephen Miller https://bsky.app/profile/atrupar.com/post/3mpkazjiuyc2u" target="_blank">told Jesse Watters Tuesday after that court decision that America must "think very carefully about who you let into your country, even on a temporary basis," because children born to noncitizens can become U.S. citizens and access the social safety net.
  • "There's a lot of things we're gonna have to take a hard look at," he said.
  • The White House did not immediately respond to Axios' request for comment.

Zoom out: Trump allies want the administration to crack down on so-called birth tourism — visitors coming to America specifically to give birth to ensure their child receives U.S. citizenship.

What they're saying: "The criminal laws of the United States already prohibit conduct inherent to so many of these so-called 'birth tourism' schemes," Assistant Attorney General Colin McDonald wrote in the https://x.com/TheJusticeDept/status/2072055062600499269/photo/1" target="_blank">memo posted to X.

  • "For example, many such schemes start with a false visa application – with lies about the purpose or duration of one's travel to the United States."
  • McDonald added that many of these cases could be prosecuted under visa fraud, but prosecutors should consider wire fraud, health care fraud, money laundering and aggravated identity theft charges.

By the numbers: The government doesn't track the number of babies born to foreign visitors, but outside https://www.factcheck.org/2026/04/what-do-we-know-about-birth-tourism/" target="_blank">estimates put the figure between 20,000 to 26,000 cases per year.

Worthy of your time: The push comes as the U.S. rallies around its https://www.axios.com/local/miami/2026/06/29/colombia-portugal-world-cup-miami-draw" target="_blank">World Cup team, which features https://www.newsweek.com/map-shows-us-world-cup-teams-immigrant-backgrounds-12075902" target="_blank">several players who would not be eligible to represent America without birthright citizenship.

Trump hasn't directly endorsed banning pregnant visitors, but his first administration actively https://www.axios.com/2020/01/19/trump-rule-state-department-deny-visas-birth-tourism" target="_blank">targeted birthright tourism.

  • He also appeared to reference birth tourism in a Truth Social https://truthsocial.com/%40realDonaldTrump/posts/116840243627255640" target="_blank">post Tuesday that sarcastically congratulated Chinese President Xi Jinping after the Supreme Court decision.
  • "I would like to congratulate President Xi, and the Great Country of China, on their massive Birthright Citizenship WIN!"

Go deeper: https://www.axios.com/2020/01/19/trump-rule-state-department-deny-visas-birth-tourism" target="_blank">Scoop: Trump to target "birth tourism" in new immigration fight

Read full article at Axios →

Supreme Court Upholds Birthright Citizenship