What is birthright citizenship and how common is birth tourism in the US?

The United States grants automatic citizenship to individuals born on its soil, a principle known as "birthright citizenship," as established by the 14th Amendment. However, certain exceptions exist, such as children born to foreign diplomats or enemy soldiers during a hostile occupation. In recent years, there has been growing concern about "birth tourism," where foreign nationals travel to the US specifically to give birth and secure citizenship for their child.

President Donald Trump has taken executive action to curb this practice, proposing new rules that would restrict birthright citizenship for some groups deemed ineligible. The first executive order expands existing definitions of non-citizens whose children would not be eligible for automatic citizenship, prohibiting the automatic grant of citizenship to babies born in the US to parents who are members of foreign terrorist groups, foreign government employees, or have engaged in fraudulent citizenship-seeking activities.

The second order aims to end birth tourism by instructing the Departments of State and Homeland Security to strengthen regulations and crack down on the industry, which is accused of using deceptive advertising to lure foreign nationals to the US for the purpose of giving birth. According to estimates, around 9,500 babies were born to foreign women in the US in 2024 as a result of birth tourism, representing approximately 0.25% of total births.

However, the Migration Policy Institute suggests this figure may be an underestimate, suggesting the number could be closer to 20,000 to 26,000 annually. Critics argue that birthright citizenship enables the creation of a generation of American citizens abroad with no genuine ties to the United States.