White House weighs ban on pregnant foreign travelers after Supreme Court strikes down birthright citizenship order

By 
, July 2, 2026

The Trump administration is examining whether to bar pregnant foreign women from entering the United States, a move that follows the Supreme Court's 6-3 rejection of President Trump's executive order aimed at ending birthright citizenship. The court ruled the order violated the 14th Amendment, and the White House wasted no time signaling it would find another path.

Stephen Miller, the deputy White House chief of staff for policy and homeland security, laid out the administration's next move in blunt terms. Birth tourism, he argued, has created a pipeline that rewards people who game the system at the expense of those who follow the rules.

The Telegraph reported that the White House is now actively studying a potential travel restriction targeting pregnant foreign nationals, a policy tool that would sidestep the constitutional barrier the court just erected. The administration is also directing Congress to act and ordering the Department of Justice to prioritize investigations into birth tourism operations.

For the millions of Americans who watched the president promise on Day One to end birthright citizenship, the Supreme Court ruling landed hard. But what matters now is what comes next, and the White House appears determined to treat the ruling as a detour, not a dead end.

The ruling and the response

The Supreme Court's decision marked the first major test of the 14th Amendment in more than a century. Trump's executive order had declared that children born to parents in the country illegally or on temporary visas are not U.S. citizens. Six justices disagreed. Three dissented.

The court was described as divided, but the outcome was decisive. The order was struck down as unconstitutional.

White House spokesman Abigail Jackson responded by saying the president remained "totally committed to protecting the value of natural-born American citizenship." She added that Trump had directed Congress to "take immediate action" to address the issue through legislation.

"The department of justice will also prioritise investigations of birth tourism schemes. The Trump administration has many tools to safeguard American citizenship."

That statement from Jackson carried a clear message: the administration views the court's ruling as the end of one strategy, not the end of the fight.

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Miller makes the case

Miller framed the potential travel ban as a logical consequence of the court's decision. If the 14th Amendment means anyone born on American soil is automatically a citizen, then who gets through the door matters more than ever.

"You have to now think very carefully about who you let into your country, even on a temporary basis because of the possibility for birth tourism."

He pointed to a specific scenario, one that sounds extreme until you learn it happens thousands of times a year. An estimated 20,000 to 26,000 babies are born annually to foreign visitors in the United States. The U.S. government does not track the precise number.

Miller painted the picture plainly:

"If a person comes here nine months pregnant to go and look around at some things, in a couple of weeks that is the mother of a lifetime American citizen and a direct line into American cash and welfare for the rest of that child's life."

That framing will strike some as harsh. But the underlying question is one most Americans understand intuitively: should a tourist visa be a backdoor to citizenship? The administration clearly believes the answer is no.

The White House has not yet spelled out the precise mechanism a ban on pregnant travelers would take, whether it would involve visa restrictions, border screening protocols, or some other enforcement tool. Miller said only that "there are a lot of things we need to have a hard look at."

Mullin raises the national security angle

Department of Homeland Security head Markwayne Mullin took the argument further during an appearance on Fox and Friends. He framed birth tourism not just as an immigration loophole but as a national security vulnerability, and he named names.

"There are tourist visas that they get to come into the US or into our territories just simply to give birth. They'll come in the eighth month, maybe one, two, three weeks left, give birth here."

Then Mullin connected the dots to a threat most Americans hadn't considered:

"They have a child who may move back to China, raise the person in a communist regime, even though they're a citizen of the US, and they come back over here, and in some cases, they go to universities, stealing intellectual property. It's absolutely been a national security issue."

That scenario, a child born on U.S. soil, raised abroad under a hostile government, then returning with full citizenship rights, is not hypothetical. It is a known pattern in intelligence circles. Mullin's willingness to say it publicly signals the administration sees this as more than a culture-war issue.

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Mullin also disclosed that "a long conversation at the White House" followed the Supreme Court ruling. The administration, in other words, was not caught flat-footed. It had a contingency plan, or at least the outlines of one.

The birth tourism pipeline

Experts, unnamed in the reporting, have described birth tourism as "a tiny fraction of overall births" in the United States. That framing is technically accurate. But it obscures the scale of the problem in absolute terms.

Twenty to twenty-six thousand births per year is not trivial. Each one of those children receives automatic U.S. citizenship, with all the rights and benefits that entails. Each one can later sponsor family members for immigration. The cumulative effect, compounded over decades, is significant, and it is entirely outside the control of any immigration enforcement system.

The administration's original executive order tried to solve the problem at the constitutional level. The Supreme Court said no. Now the White House is pivoting to the front door: if you can't change who qualifies for citizenship at birth, you can change who gets into the country to give birth in the first place.

Whether that approach survives legal challenge is an open question. Travel restrictions based on pregnancy would raise obvious civil liberties concerns. But the administration appears willing to test those boundaries, and this White House has never been shy about confrontation when it believes the underlying principle is sound.

A case study in birthright citizenship

The Telegraph highlighted the case of Folarin Balogun, a soccer player who now competes for the U.S. national team. Balogun was born in Brooklyn to Nigerian parents who were living in London. His mother visited America while seven months pregnant. Airline staff refused to let her fly home due to her advanced pregnancy, and she gave birth on U.S. soil.

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Balogun returned to the United Kingdom with his parents at two months old. He grew up in England. But because he was born in Brooklyn, he holds U.S. citizenship, and that citizenship made him eligible to play for the American national team. He scored and was later sent off in a match against Bosnia Herzegovina.

His teammate Yunus Musah also obtained citizenship through birthright.

The Balogun story is not a case of fraud or malice. But it illustrates the absurdity the administration is trying to address. A woman visits America, gives birth by circumstance, and her child, raised entirely in another country, carries American citizenship for life. Multiply that dynamic by tens of thousands, add deliberate planning, and you have the birth tourism industry the White House wants to dismantle.

What comes next

The administration has laid out a three-pronged response to the Supreme Court's ruling. First, direct Congress to pass legislation addressing birthright citizenship. Second, order the DOJ to investigate and prosecute birth tourism schemes. Third, explore executive-level travel restrictions on pregnant foreign nationals.

Each prong carries its own risks. Congressional action requires votes the administration may not have. DOJ investigations take time and depend on existing statutory authority. And a travel ban targeting pregnant women would almost certainly face immediate legal challenge.

But the White House has made one thing clear: the Supreme Court closed a door, and the administration intends to open every window it can find. The 6-3 ruling settles the constitutional question, for now. It does not settle the policy question of who should be allowed into the country and under what conditions.

That is a question every sovereign nation answers for itself. The Trump administration is answering it loudly.

When the highest court says the Constitution protects birthright citizenship, the practical response is obvious: control who arrives, and the births take care of themselves. The only question is whether Washington has the nerve to follow through.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson