Acting Attorney General Todd Blanche announces on Wednesday DOJ will prioritize prosecutions of birth tourism schemes involving visa fraud as foreign nationals continue exploiting U.S. citizenship loopholes despite yesterday’s 5-4 Supreme Court ruling striking down President Trump’s executive order.
On Tuesday, the Trump Department of Justice directed federal prosecutors across the country to prioritize investigations and prosecutions of birth tourism schemes.
The move, announced just hours after the high court struck down President Trump’s executive order protecting the meaning and value of American citizenship, shows the administration is not backing down. Instead, it is weaponizing existing criminal law against the fraudsters who exploit the loophole.
Assistant Attorney General Colin McDonald issued a department-wide memo Tuesday directing every U.S. Attorney’s office to work closely with DHS on these cases.
Potential charges include visa fraud, money laundering, identity theft, and wire fraud for foreign nationals who come to the United States under “false pretenses” to give birth and secure automatic citizenship for their child.
“The Department of Justice will zealously protect the sanctity of United States citizenship by investigating and prosecuting those who fraudulently exploit our immigration system,” McDonald wrote.
The memo notes that many of these schemes begin with lies on visa applications about the true purpose and length of stay — conduct that has always been illegal. Past prosecutions focused heavily on visa fraud, but the directive makes clear prosecutors should pursue the full range of criminal statutes when the evidence supports it.