The Department of Justice orders an intensification of investigations into birth tourism networks following the Supreme Court ruling
The memorandum instructs federal prosecutors to coordinate with the Department of Homeland Security to investigate schemes that seek to obtain U.S. citizenship through immigration fraud.
Department of Justice
The Department of Justice (DOJ) ordered all federal prosecutors to prioritize the investigation and criminal prosecution of so-called fraudulent “birth tourism” schemes, a practice that, according to the agency, exploits the immigration system and violates federal law.
The directive was issued via a memorandum dated June 30, 2026 and signed by Colin M. McDonald of the Office of the Assistant Attorney General. The document notes that the benefits of U.S. citizenship “need no explanation” and asserts that every year thousands of foreign nationals travel to the United States “under false pretenses” to give birth and obtain citizenship for their children.
The Department of Justice (DOJ) states that many of these schemes begin with visa applications containing false statements about the purpose or duration of the trip, which may constitute a violation of federal law.
Supreme Court upholds birthright citizenship under the 14th amendment
In a highly anticipated decision issued on the last day of its session, the court ruled 6-3 in favor of upholding the right to U.S. citizenship for nearly all people born on U.S. soil.
In a majority opinion drafted by Chief Justice John Roberts, a conservative, and supported by two other conservative justices and the three liberal justices, the court reaffirmed the scope of the 14th Amendment.
By way of example, the memorandum notes that in 2024, Michael Wei Yueh Liu and Jing Dong were each sentenced to 41 months in prison for running a company called “USA Happy Baby Inc.,” which charged Chinese clients tens of thousands of dollars to help them give birth in the United States. According to the document, in addition to handling fraudulently obtained visas, the defendants provided lodging, transportation, and instructions on how to conceal the pregnancies from immigration authorities.
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The memorandum also mentions the case of Ibrahim Aksakal, who was sentenced in 2022 to 27 months in prison for conspiracy to commit healthcare fraud and wire fraud in connection with a maternity tourism network operated in New York. According to the Department of Justice, Aksakal and his associates promoted these services on social media in Turkish and instructed women on how to conceal their pregnancies from immigration authorities. In addition to the prison sentence, he was ordered to pay $1,039,723.63 in restitution and $397,500 in forfeiture.
The document also references the case of Chao “Edwin” Chen, who was sentenced in 2020 to 37 months in prison for participating in a large-scale birth tourism scheme. According to the Department of Justice, Chen ran the company “You Win USA,” which claimed to have served more than 500 Chinese clients. The memorandum states that he charged between $40,000 and $80,000 per client and received $3 million in international transfers from China over a two-year period.
The Department of Justice stated that it will continue to investigate and hold accountable both those who participate in these schemes and those who promote or market them. It also instructed all U.S. district attorneys’ offices and the Criminal Division to work together with the Department of Homeland Security to prioritize these investigations.
Cracking down on those who fraudulently exploit the immigration system
“The Department of Justice will vigorously protect the integrity of U.S. citizenship by investigating and prosecuting those who fraudulently exploit our immigration system. Together, we will put an end to illegal birth tourism and bring those responsible to justice,” the document concludes.
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