White House Deputy Chief of Staff Stephen Miller proposed banning pregnant foreign women from entering the United States after the Supreme Court rejected the administration’s attempt to eliminate birthright citizenship guaranteed by the 14th Amendment.
New Strategy Emerges After Constitutional Defeat
Miller appeared on Fox News where he outlined the administration’s pivot following the high court’s ruling. He argued that birth tourism poses a significant problem when foreigners temporarily visit America to give birth, securing automatic citizenship for their children. Miller claimed these children then access Medicaid, welfare, and cash assistance while their families remain abroad, effectively funding entire households in other countries through American taxpayer dollars.
The proposal comes as the Trump administration faces a major constitutional setback. The Supreme Court affirmed that the 14th Amendment clearly grants citizenship to all persons born on United States soil, upholding more than 150 years of legal precedent. Miller expressed frustration that America cannot implement immigration programs similar to other nations while maintaining birthright citizenship protections.
Existing Federal Regulations Already Target Birth Tourism
Federal agencies already maintain multiple safeguards against birth tourism. The State Department established a rule in January 2020 during Trump’s first term authorizing consular officers to deny visitor visa applications when applicants appear to be traveling primarily to give birth in America. The Justice Department reiterated its Birth Tourism Initiative directive in April, instructing prosecutors to target networks facilitating such arrangements. Lying on visa applications about pregnancy or travel intentions constitutes fraud under current law.
Immigration Advice Services notes that only specific medical circumstances permit pregnant immigrants to enter the country for childbirth purposes. These existing protections address many concerns Miller raised during his Fox News appearance.
Congressional Support and Historical Context
Representative Andy Ogles introduced the Anchors Away Act, legislation he says would prohibit all pregnant foreign nationals from entering America. Whether this bill gains legislative momentum remains uncertain. MSNBC anchor Chris Hayes noted the Supreme Court rejected Miller’s interpretation of the 14th Amendment in 1898, ruling that children born in America to Chinese citizens qualified as American citizens. That decision came from justices who two years earlier upheld racial segregation in the infamous Plessy v. Ferguson case, demonstrating even that court recognized birthright citizenship as constitutionally unambiguous.