A representative has already introduced the Anchors Away Act, which would impose such a ban.
The White House hit a major roadblock when the Supreme Court struck down an executive order ending birthright citizenship. In response, adviser Stephen Miller floated a radical alternative on television.
Speaking on Fox News, Miller seemed to suggest blocking pregnant foreign women from entering the United States entirely. The hardline adviser expressed deep frustration with the protections offered by the 14th Amendment.
“You have to now think very carefully about who you let into your country even on a temporary basis because the possibility, as you said, for birth tourism,” Miller told host Jesse Watters.
“People come here just to have babies on American soil and that baby gets to be a citizen for life,” Miller said, claiming families exploit public assistance.
Fierce political pushback
During the broadcast, Watters pressed for clarity. “Are we banning pregnant women from America?” Watters asked. “Are we banning foreign pregnant women?”
Miller responded that the administration must examine its options. He alleged that mothers return home and send American welfare checks back to their native countries.
The proposal triggered sharp condemnation. On MSNBC, anchor Chris Hayes blasted Miller’s arguments, calling them extreme, unhinged, and racist.
Hayes noted that even the 1898 Supreme Court upheld birthright citizenship for children of Chinese immigrants. That decision arrived just two years after the same court upheld racial segregation.
Existing travel rules
Meanwhile, federal agencies already combat birth tourism. A 2020 State Department rule allows officials to deny visas to applicants who primarily intend to give birth on American soil.
The Justice Department also targets networks that facilitate these trips. Lying on visa applications remains a federal fraud crime.
Still, some lawmakers want stricter laws. Representative Andy Ogles introduced the Anchors Away Act to ban all pregnant foreign nationals from entering the country, after stating that “SCOTUS betrayed America.”
