The Department of Justice has directed federal prosecutors nationwide to intensify investigations and prosecutions involving birth tourism schemes because the practice exploits the U.S. immigration system through visa fraud and other federal crimes.
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In a memorandum issued Tuesday, Deputy Attorney General Colin McDonald instructed U.S. attorneys to work with the Department of Homeland Security to make birth tourism cases a higher enforcement priority.
Memorandum for DOJ Employees on Prosecution of Fraudulent Birth Tourism Schemes from Assistant Attorney General Colin McDonald ⬇️ pic.twitter.com/hoilA5o2TE
— U.S. Department of Justice (@TheJusticeDept) June 30, 2026
According to the directive, federal officials say some foreign nationals misrepresent the purpose of their travel on visa applications or to border officials in order to give birth in the United States, securing U.S. citizenship for their children.
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McDonald also instructed prosecutors to pursue additional criminal charges when supported by the evidence, including money laundering, identity theft, wire fraud and health care fraud.
The memorandum cites several previous prosecutions involving birth tourism operations.
McDonald said the department will continue targeting both individuals who participate in birth tourism schemes and those who organize and profit from them.
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