Think a Supreme Court loss would send the Justice Department back to the drawing board? Think again.
Attorney General Todd Blanche says the DOJ is pressing ahead with efforts to combat birth tourism, even after the high court dealt the Trump administration a major setback in June. Instead of waiting on new legislation, the department plans to lean on laws already on the books and work alongside federal immigration agencies to get the job done.
What birth tourism means
If the term is new to you, here’s the quick version. Birth tourism refers to people traveling to the United States mainly to give birth so their child can become an American citizen.
According to Blanche, the practice is still a problem. He said officials are taking steps to keep people from coming to the country just to have a baby who would gain U.S. citizenship.
Blanche shared his views with Epoch Times senior editor Jan Jekielek in an interview set to air at 9 p.m. ET on Oct. 6. So if you’re planning your evening viewing, consider this your heads-up.
The Supreme Court ruling that changed the game
To understand why this matters, rewind to June 30. That’s when the Supreme Court struck down President Donald Trump’s broad birthright citizenship order.
Trump issued the order in January 2025. It excluded children of immigrants in the country illegally, as well as children of legal temporary visitors, from automatic U.S. citizenship. The court’s decision blocked that approach, at least in the form the administration originally laid out.
For plenty of observers, that looked like the final buzzer. Blanche sees it differently.
DOJ plays the hand it’s been dealt
In Blanche’s view, the ruling still leaves the administration room to act. Rather than waiting for Congress to pass new laws, which can move at the pace of rush-hour traffic, he said he plans to rely on the enforcement tools the government already has.
Think of it like a team that loses a key play from its playbook and goes back to the fundamentals. The options may be narrower, but the goal hasn’t changed.
Blanche acknowledged that these cases can be hard to prove. Showing that someone traveled to the U.S. specifically to give birth isn’t always simple. Still, he said that challenge isn’t slowing the department down.
Tightening the questions at the border
One piece of the strategy focuses on the front door. The Justice Department is working with the Department of Homeland Security to strengthen the questions travelers are asked about their reasons for entering the country, Blanche said.
In other words, the classic “business or pleasure?” might soon come with a few more follow-ups. The idea is that sharper questions at the point of entry could help officials spot potential cases earlier instead of sorting them out after the fact.
What comes next
Blanche’s comments signal that the administration isn’t ready to let the issue go, even after the Supreme Court’s ruling. Birthright citizenship remains one of the most closely watched immigration debates in the country, and the DOJ’s approach is likely to draw attention from supporters and critics alike.
Will relying on existing laws be enough to make a real difference? That’s still an open question. For now, the Justice Department is betting that the tools it already has can do the heavy lifting, and Blanche‘s interview should offer a fuller look at how officials plan to use them.
