MPI: Repealing Birthright Citizenship Would Significantly Increase the Size of the U.S. Unauthorized Population

Of note. Canadian non-resident self-pay births for temporary residents and those on visitor visa suggest equivalent Canadian numbers of those who could be affected would be around 5,000:

Ending birthright citizenship for children born on U.S. soil to unauthorized immigrants or certain other non-citizens would have a contrary result from its stated aim of reducing the unauthorized immigrant population. New estimates from the Migration Policy Institute (MPI) and Penn State’s Population Research Institute demonstrate how repeal would significantly swell the size of the unauthorized population—now and for generations to come. 

The new projections show that ending birthright citizenship for U.S.-born children with parents who are either unauthorized immigrants or temporary visa holders (or a combination of the two) would increase the unauthorized population by an additional 2.7 million by 2045 and by 5.4 million by 2075. 

Each year, an average of about 255,000 children born on U.S. soil would start life without U.S. citizenship based on their parents’ legal status, the research shows. 

President Donald Trump on his first day back in office signed an executive order ending birthright citizenship for children born to certain non-citizens. The order, which has been stayed by the courts amid questions over its constitutionality, specifies that going forward, only children born to at least one U.S.-citizen or lawful permanent resident parent would automatically acquire U.S. citizenship. The Supreme Court on Thursday will hold an oral argument on the issue. 

Beyond significantly adding to an unauthorized immigrant population that MPI estimates stood at 13.7 million as of mid-2023, the end of birthright citizenship for many children would create a self-perpetuating, multi-generational underclass—with U.S.-born residents inheriting the social disadvantage borne by their parents and even, over time, their grandparents and great-grandparents. By 2075, there would be 1.7 million U.S. born who were the children of two parents who had themselves been born in the United States, yet would nonetheless lack legal status, the authors estimate. 

“This creation of a class of U.S.-born residents deprived of the rights that citizenship conveys to their neighbors, classmates and work colleagues could sow the seeds for significant disruption to economic mobility and social cohesion in the years and decades ahead,” Jennifer Van Hook, Michael Fix and Julia Gelatt write in the analysis published today. 

The researchers’ projections use assumptions that in-migration, out-migration and fertility rates will hold steady. Yet even if the U.S. government fully sealed the border against illegal entries and ramped up deportations significantly, changes to birthright citizenship would still result in an unauthorized population that is 1.3 million larger in 2045 than it would be if current birthright citizenship interpretations held. 

Read the analysis here: www.migrationpolicy.org/news/birthright-citizenship-repeal-projections

Source: Repealing Birthright Citizenship Would Significantly Increase the Size of the U.S. Unauthorized Population

French parliament restricts birthright citizenship in Mayotte

Of note:

France’s parliament on Tuesday definitively adopted a bill to restrict citizenship rights for children born in its Indian Ocean overseas territory of Mayotte.

The bill put forward by the right does not affect the “right of soil”, also known as “jus soli”, for the rest of France.

But critics on the left have slammed the bill as a concession to the anti-immigration far right and fear it paves the way for restrictions nationwide.

At present, a child born in France to foreign parents can be granted French nationality from the age of 13, provided he or she has spent a certain amount of time in France.

But further conditions have existed since 2018 for Mayotte, a French archipelago that attracts a large number of migrants from its poorer neighbour, the Comoros islands, who travel there irregularly seeking a better life.

Until now, children born there additionally needed to have a parent who had resided there legally for at least three months at the time of birth to apply for nationality.

With the new bill, both parents will need to have legally lived there for at least a year, with an exception in place for single parents.

The Senate approved a final text on Thursday, and members of the lower-house national Assembly backed it on Tuesday.

Source: French parliament restricts birthright citizenship in Mayotte

Trump Immigration Order Could Cost Americans $3,000 Per Baby

When the Harper government made a push for ending birthright citizenship, initial analysis included a cost estimate of $300,000 that would be absorbed by the government, not additional fees for those applying (the documents that I received from ATIP did not indicate any cost recovery plans). Given provincial opposition and the smaller numbers known at that time, the government dropped any change to current birthright citizenship.

Much simpler to do in Canada as the previous analysis indicated but like anything in government, always some complications to address:

Ending birthright citizenship would be chaotic and costly for many Americans due to new fees, paperwork requirements and other issues. So far, the constitutionality of Donald Trump’s executive order, which would no longer guarantee a child born on U.S. soil is an American citizen, has dominated the discussion. While critics and supporters of birthright citizenship have highlighted the legal issues, few people have examined the practical effects. Implementing the policy would create significant financial burdens for U.S.-born and immigrant parents. If the Trump administration succeeds in ending birthright citizenship, it will turn each birth in America into a federal event.

The Immigration Order Would Bring The Federal Government Into The Delivery Room

A National Foundation for American Policy analysis finds the Trump administration would impose a $3,000 or higher “birth tax” for each baby born in the United States to carry out the executive order ending birthright citizenship. The cost includes Form N-600, the 14-page Application for Certificate of Citizenship, which has a $1,385 government filing fee, and the attorney fees related to the form that range from $1,500 to $10,000. Parents also would need to submit biometrics to U.S. Citizenship and Immigration Services (or another agency), and the parents and baby would likely need to appear in person at a Social Security Administration office. Those actions could entail additional expenses. Costs could differ based on a parent’s details.

NFAP developed the updated estimates with Margaret Stock, an attorney at Cascadia Cross Border Law Group, who has helped many military families with the time-consuming process of documenting that a child born abroad is a U.S. citizen at birth. Stock authored a 2012 NFAP report that explained why changing the Citizenship Clause would be expensive and burdensome for individuals.

Unless the Trump administration intends their new birthright citizenship policy to operate on the “honor system,” which is unlikely, U.S.-born and foreign-born parents will spend considerable time and money if they want the federal government to certify their newborn is a U.S. citizen…

Practical Problems For Americans If The Government Implements The Immigration Order

Trump officials have not explained the new burdens the executive order would create for Americans or the process they intend to impose on new parents if judges ruled the administration’s new birthright citizenship policy constitutional.

Receiving a birth certificate after a child is born would no longer suffice to prove a baby is a U.S. citizen at birth. At a minimum, new parents would need to endure a process like when starting a new job: “Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States,” according to U.S. Citizenship and Immigration Services. “All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. On the form, an employee must attest to their employment authorization. The employee must also present their employer with acceptable documents as evidence of identity and employment authorization.”

Margaret Stock believes the process for parents would be more complicated than the current I-9 process companies use to document employment eligibility. “It will have to be much more extensive than the I-9 process,” she said. “Birth certificates showing birth in the United States will no longer prove U.S. citizenship. Someone at the Social Security Administration will need to collect several documents before issuing a Social Security number.”

She said SSA would demand to see a birth certificate with a time stamp on it that shows the time, date and location of birth. The government would also ask for the birth and immigration records of the biological mother and potentially DNA tests to establish the biological father. Officials would also need to see the birth and immigration records of the biological father.

“Only an immigration law expert can do the legal analysis because people’s statuses are a moving target,” according to Stock. “Here’s an example: What if USCIS approves a green card at a Service Center for a pregnant mother a few minutes before (or after) she gives birth? That’s the difference between the baby being a U.S. citizen under the executive order or the baby being an undocumented immigrant.” The Social Security Administration would need an army of expert immigration law adjudicators.

Stock notes that Alaska and Hawaii have federal statutes that do not include the phrase “subject to the jurisdiction.” She believes the executive order may not apply to births in those states.

Today, states, not the federal government, issue birth certificates. SSA relies on state records to issue Social Security numbers to U.S.-born citizens, and the State Department uses those records to issue passports.

“If the fact of someone’s birth within the U.S. is no longer sufficient to prove the person’s claim to U.S. citizenship, all of these bureaucratic systems must be re-tooled,” wrote Stock in the NFAP analysis. “At a minimum, it will require each state to establish a system for verifying claims to U.S. citizenship. More logically, a change to the Citizenship Clause will lead to the creation of a central and authoritative Federal citizenship records system that will register all U.S. citizens—and ultimately, this would likely, in turn, lead to a National Identification card.”

The Trump administration’s effort to end birthright citizenship would add deadweight costs to the economy and financially harm people least likely to possess spare resources. It would also likely create a two-tier caste society with a child’s success in life determined by whether they were born a U.S. citizen at birth.

Margaret Stock said changing birthright citizenship should only appeal to individuals who have not considered the cost and implications of verifying the immigration and citizenship status of every parent of every child born in America.

Source: Trump Immigration Order Could Cost Americans $3,000 Per Baby

USA Immigration ‘gold card’: What is it, and how could it impact our immigration system? 

Of note:

The Bush Institute is a proponent of increasing legal immigration pathways to the U.S., including raising or eliminating per-country caps on green cards. Will the gold card help? 

While the devil is in the details, right now it seems as if the gold card could be a new legal pathway for potential immigrants. But it could also make it harder to qualify for the existing EB-5 program, making a current legal pathway more difficult.  

There are two major policy issues with this proposal. First, while investment and job creation are great, this program doesn’t bring in the workers the U.S. economy needs to fill the open jobs it already has. Even if you assume that a company would pay a high fee to keep, attract, or retain a foreign worker, that’s not a sustainable model to fill the nearly 8 million open jobs in the U.S. The current EB-5 program doesn’t either. Job creation is a wonderful policy goal, but we still need millions of workers to fill open positions.  

Second, similar visa programs around the world have been criticized for being easy targets for corrupt individuals looking to buy their way into countries. Any investor visa program, whether the proposed gold card or the current EB-5, will need to have appropriate vetting and safeguards built in to protect against this possibility.  

Source: Immigration ‘gold card’: What is it, and how could it impact our immigration system?

Trump administration asks Supreme Court to partly allow birthright citizenship restrictions

Will see if SCOTUS accepts application first or decides to shut it down immediately (SCOTUS has accepted application):

The Trump administration is asking the Supreme Court to allow restrictions on birthright citizenship to partly take effect while legal fights play out.

In emergency applications filed at the high court on Thursday, the administration asked the justices to narrow court orders entered by district judges in Maryland, Massachusetts and Washington that blocked the order President Donald Trump signed shortly after beginning his second term.

The order currently is blocked nationwide. Three federal appeals courts have rejected the administration’s pleas, including one in Massachusetts on Tuesday. 

The order would deny citizenship to those born after Feb. 19 whose parents are in the country illegally. It also forbids U.S. agencies from issuing any document or accepting any state document recognizing citizenship for such children….

Source: Trump administration asks Supreme Court to partly allow birthright citizenship restrictions

Website sells Canadian birthright for $35K to foreign moms 

One of the problems of alternative media and TikTok influencers is their lack of capacity and knowledge.

The number of suspected birth tourists (non-resident self-pay) has been published annually (by me) and the British Columbia data is no longer the highest given the large drop pandemic and post-pandemic of Chinese birth tourists at Richmond General and other British Columbia hospitals (see Birth tourism has doubled since the pandemic lull):

A suspicious website is advertising would-be mothers from around the world the opportunity to have anchor babies in Canada, ensuring their children become naturalized citizens.

The Russian-language website “CanadaMama consulting” is advertising their services at fees ranging up to $35,000 for migrant women interested in baby-tourism. The website promises a “safe birth” and a “life full of opportunities.” 

Potential clients are being lured by the prospect of free education, healthcare, employment opportunities and international travel for their children. The website’s default language is set to Russian, but also has built in English, Ukrainian, Chinese and Spanish translations.  

Canadian TikTok influencer Mario Zelaya was the first to bring attention to the website.

Among the services offered to those interested include property rentals, immigration consultation, visa support, medical service advisory and even newborn photography. 

Akin to airline companies, the website has multiple package options ranging from economy, to optimal to comfort, with additional services such as food delivery, hospital tours, shopping advice and interpretation services offered to those willing to pay extra.

CanadaMama also claims to operate “under contract” and work alongside Canadian hospitals – an unverified claim. 

The company claims to have operated for more than five years, carrying out dozens of successful births

Unconditional birthright citizenship in Canada is attracting many birth tourists, especially in British Columbia–where some hospitals have reported non-citizens making up a quarter of their maternity ward patients.

A Calgary-based obstetrician gynaecologist, Dr. Colin Birch, said in a CBC interview that birth tourism had the biggest impact on cities that had international airports, with trends slowing down after air travel was shut down during the pandemic. …

Source: Website sells Canadian birthright for $35K to foreign moms

LoP – Canadian Citizenship: Practice and Policy

Good comprehensive review by the Library of Parliament of legislative and policy issues along with related history. Lots of familiar references to declining rates of citizenship, “lost Canadians” and birth tourism. Executive Summary below:

Canadian citizenship can be obtained through birth on Canadian soil, by descent through birth or adoption outside of Canada to a Canadian citizen, or through naturalization (the process by which citizenship is obtained by a foreign national). Requirements related to citizenship are laid out in the Citizenship Act, as well as in the Citizenship Regulations and Citizenship Regulations, No. 2.

Responsibility for implementing the Citizenship Act lies with the Minister of Immigration, Refugees and Citizenship, who is supported by Immigration, Refugees and Citizenship Canada (IRCC) in managing the citizenship application process. The Citizenship Commission – an administrative body under IRCC that is made up of citizenship judges – also plays an important role, with duties including assessing citizenship applications to ensure they meet certain requirements under the Act and administering the Oath or Affirmation of Citizenship.

To become a Canadian citizen through naturalization, an individual must first obtain permanent residency in Canada and then apply for citizenship after meeting residency and other requirements. Applicants between 18 and 54 years of age must also complete a written test based on the official citizenship study guide (Discover Canada: The Rights and Responsibilities of Citizenship) and attend an interview to test their abilities in English or French and to discuss their application. Successful applicants attend a citizenship ceremony and take the Oath or Affirmation of Citizenship, through which they swear or affirm their allegiance to the King of Canada.

Loss of citizenship can occur if it is revoked (for example, due to citizenship being acquired or retained through false representation) or it can be renounced voluntarily (for example, if an individual chooses to become a citizen of a country that does not allow dual citizenship).

Several issues are currently at the forefront of discourse on citizenship policy. For example, census data show that the rate of citizenship among recent immigrants to Canada declined between 2006 and 2021. The citizenship rate varies for different groups, with contributing factors including income level, education level and country of origin.

Another key issue is that of “lost Canadians,” which refers to individuals who were born before the 1977 Citizenship Act came into force and who should have been Canadian citizens under that Act but were deprived of Canadian citizenship because of outdated or obsolete provisions in the Canadian Citizenship Act of 1947. Many of the problems associated with “lost Canadians” have been addressed through amendments made to the Citizenship Act since 1977. Those whose cases are not covered by legislative amendments may be granted citizenship on a case-by-case basis at the minister’s discretion. Following a December 2023 Ontario court ruling, the federal government introduced Bill C‑71, An Act to amend the Citizenship Act, to address “lost Canadians” issues that remain following previous legislative amendments. This bill died on the Order Paper on 6 January 2025 when the 1st session of the 44th Parliament was prorogued, but the Court’s order is scheduled to come into effect on 19 March 2025.

Finally, the concept of birth tourism refers to the practice by foreign nationals of coming to Canada to give birth for the sole purpose of securing Canadian citizenship for their child. While data suggest an increase in non-resident births in the past two decades, it is difficult to determine how many non-resident births are cases of birth tourism. A federal initiative linking health and immigration data has shed further light on the topic….

Source: Canadian Citizenship: Practice and Policy

Todd: Should birthright citizenship, banned in most countries but not Canada, be a human right?

More on birth tourism, based on some of my analysis:

Birth tourism” is on the rise again in Canada.

In the past year, 5,219 babies were born in Canada to travelling foreign nationals.

In B.C., 102 non-resident births were at Richmond General Hospital; 99 were at Surrey Memorial; 97 were at Vancouver’s St. Paul’s Hospital; and another 85 were at Children’s Hospital, according to Andrew Griffith, a former senior director in Canada’s immigration department who is now an immigration analyst.

At the same time that Griffith was releasing data showing non-resident births are returning to 2019 levels in an article published in Policy Options last month, entrepreneurs in Richmond said there has been an uptick in inquiries from women in China and other parts of East Asia who want to have their babies in Canada now that President Donald Trump aims to end birthright citizenship in the U.S.

The ethical debate over birthright citizenship, also known as jus soli (right of the soil), is coming to a head as Democratic U.S. states challenge Trump’s initiative and non-resident births rise again in Canada with the easing of COVID-19 restrictions.

Data from the Canadian Institute for Health Information shows the percentage of non-resident births in Canada fell from 1.6 per cent of total births in 2019-20 to 0.7 per cent in 2020-22. It rebounded to 1.5 per cent in 2023-24.

A majority of countries forbid birthright citizenship, including virtually every country in Europe, Asia and Africa. It’s permitted in only about 33 nations.

Even though 160 years ago the U.S. enshrined the 14th Amendment to protect the constitutional rights of those born on its soil, particularly former slaves, Griffith said Canada’s laws on birthright citizenship could be more easily changed than in the U.S.

While most countries mandate that a child’s citizenship depends on the passport held by the parents, Canadian academics argue that birthright citizenship should be a “global human right.”

Today, one of the most common rebuttals to such a stand is that babies who receive citizenship only because they were born on Canadian territory are jumping the country’s immigration queue, which others must go through to qualify to become permanent residents and access universal education, health care and social services.

Two Canadian scholars who have obtained federal government grants to research birth tourism insist it must be protected in the name of “reproductive autonomy.” They say those who oppose it are “demonizing” and “criminalizing” non-resident pregnant people.

University of Carleton law professor Megan Gaucher believes critics of birthright citizenship are engaging in “settler-colonial” thinking that reflects “long-standing racist ideas.”

Ottawa’s Gaucher co-wrote an article on the subject with Lindsay Larios, an assistant professor of social work at the University of Manitoba who has obtained a federal grant to do collaborative research on birthright citizenship with B.C.’s Migrant Workers Centre.

Gaucher and Larios maintain attempts to portray birth tourists “as queue jumpers and citizenship fraudsters ignores the real-life obstacles they encounter within the health-care system and the Canadian immigration system.”

Larios argues that opponents who say offspring shouldn’t get citizenship because of their birth parent’s “precarious” immigration status are ignoring what she calls “reproductive justice.”

Opposition to the position set out by Gaucher and Larios has come from politicians, and medical and immigration professionals.

Rather than being disadvantaged, Griffith said, most women who engage in birth tourism come to North America with enough wealth to pay hundreds of thousands of dollars for travel, accommodation (including in so-called “birth hotels”), and hospital deliveries.

The Society of Obstetricians and Gynaecologists of Canada has said birth tourism needs further investigation. And Dr. Jon Barrett, head of obstetrics at McMaster University in Hamilton, has written that Canadian hospitals should have “absolutely zero tolerance” for it.

Doctors “should unite in a firm stand against birth tourism,” Barrett said, arguing it stresses Canada’s health-care system and puts pregnant foreign nationals at risk of being “fleeced by unethical individuals.”

An Angus Reid Institute poll found that in 2019, when Richmond Hospital was the epicentre of Canada’s birth tourism industry, that two-of-three Canadians believed “a child born to parents who are in this country on tourist visas should not be granted Canadian citizenship.”

Births to non-residents now make up 6.9 per cent of all deliveries at Richmond Hospital, which is down from 24 per cent before the pandemic. Despite this year’s jump in inquiries from people seeking to have babies in Canada because of Trump’s threat, Griffith believes the overall decline over the last few years at Richmond Hospital is owed largely to China restricting its citizens’ travel.

There is no data on whether international students in B.C. have given birth in hospitals here. International students in this province can join the Medical Services Plan by paying $75 a month. In Ontario, said Griffith, some non-resident mothers who have paid for hospital deliveries could be foreign students as that province doesn’t allow them to receive subsidized health care.

In light of a lack of government oversight of birth tourism, Griffith said there is need for more research, including like one study from Calgary. Four-of-five non-resident mothers who delivered babies in that city said their primary motivation was to give their newborn Canadian citizenship. The largest group, one-of-four, was from Nigeria.

Given the ethical issues at stake, Griffith suggests Canada, whose citizenship rules aren’t bound by a Constitution like in the U.S., take a responsible middle way in regard to birthright citizenship.

To reduce the chances of exploitation, he recommends Canada follow the lead of Australia, which allows a baby born on its soil to receive citizenship only if at least one of the child’s parents already has that status.

Source: Should birthright citizenship, banned in most countries but not Canada, be a human right?

Barnett: Trump Might Have a Case on Birthright Citizenship, Somin: Birthright Citizenship – A Response to Barnett and Wurman

These two articles given a sense of the different legal arguments (think it is still a stretch to justify a change without an amendment).

Starting with those who believe there is a case:

…Which brings us to the children of people who are present in the United States illegally. Has a citizen of another country who violated the laws of this country to gain entry and unlawfully remain here pledged obedience to the laws in exchange for the protection and benefit of those laws?

Clearly, the parents are not enemies in the sense of an invading army, but they did not come in amity. They gave no obedience or allegiance to the country when they entered — one cannot give allegiance and promise to be bound by the laws through an act of defiance of those laws. Such persons can even be summarily removed from the country without judicial procedures of the sort that would protect citizens. If the allegiance-for-protection view informed the original meaning of the text, then they and their children are therefore not under the protection or “subject to the jurisdiction” of the nation in the relevant sense.

The executive order’s exclusion of children born to mothers who are “lawful but temporary” residents is a more complicated question not addressed here. And whether Congress ought to grant naturalized citizenship to children born to those illegally present in the United States is a policy issue distinct from whether the 14th Amendment has already done so. The Supreme Court has, in a footnote, presumed that the 14th Amendment’s jurisdictional phrase applied equally to people who are here illegally, but the issue was neither briefed nor argued in that case; nor was it material to its outcome.

When they finally consider this question, the justices will find that the case for Mr. Trump’s order is stronger than his critics realize.

Randy E. Barnett is a professor of constitutional law at the Georgetown University Law Center and an author of “The Original Meaning of the 14th Amendment: Its Letter and Spirit.” Ilan Wurman is a professor of constitutional law at the University of Minnesota and the author of “The Second Founding: An Introduction to the 14th Amendment.”

Source: Trump Might Have a Case on Birthright Citizenship

Somin’s rebuttal:

In a recent New York Times op ed, legal scholars Randy Barnett and Ilan Wurman offer a partial defense of President Trump’s executive order denying birthright citizenship to children of undocumented immigrants, and migrants in the US on temporary visas. The Citizenship Clause of the Fourteenth Amendment grants citizenship to anyone “born … in the United States and subject to the jurisdiction thereof.” The standard view of this provision is that it covers everyone born in the United States that is subject to US law, and thus, as the Supreme Court explained in the 1898 Wong Kim Ark case “includ[es] all children here born of resident aliens, with the exceptions or qualifications… of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes.” The Indians “owing direct allegiance to their several tribes” were excluded because Indian nations were distinct sovereigns exempt from many US laws. For this reason, four federal courts have ruled against Trump’s order.

Barnett and Wurman argue that only people born in the United States at a time when their parents have traded “allegiance” for “protection” truly qualify as under the jurisdiction of the United States. They contend that illegal migrants haven’t made any such compact with the US, and therefore don’t qualify.

Barnett and Wurman cite an 1862 opinion by Attorney General Edward Bates stating that “The Constitution uses the word ‘citizen’ only to express the political quality of the individual in his relations to the nation; to declare that he is a member of the body politic, and bound to it by the reciprocal obligation of allegiance on the one side and protection on the other.” Barnett and Wurman claim the Citizenship Clause is based on a social contract theory under which people enter into a “social compact” with the government, trading allegiance for the protection of the laws.

There are several flaws in Barnett and Wurman’s “allegiance-for-protection” theory. The biggest is that, if consistently applied, it would undermine the central purpose the Citizenship Clause: extending citizenship to recently freed slaves and their descendants. Slaves born in the United States (and their parents, who were also usually slaves) obviously weren’t part of any social compact under which they traded allegiance for protection. Far from protecting them, state and federal governments facilitated their brutal oppression at the hands of their masters.

This situation changed, to an extent, with the abolition of slavery through the Thirteenth Amendment. But  the “subject to the jurisdiction” language of the Citizenship Clause refers to people subject to that jurisdiction at the time they were born. For example, the child of a foreign diplomat doesn’t get birthright citizenship if her parents later lose their diplomatic immunity. If being subject to US jurisdiction requires a compact trading allegiance for protection, former slaves obviously didn’t qualify. Thus, the Barnett-Wurman theory would defeat the central purpose of the Citizenship Clause. That alone is reason to reject it.

Another problem with their analysis is that they rely almost exclusively on sources interpreting the nature of citizenship before enactment of the Fourteenth Amendment, such as the 1862 Bates opinion. But the whole point of the Citizenship Clause was to expand the range of people eligible for birthright citizenship, to include former slaves. Thus, we should not assume that the Citizenship Clause is limited by previous understandings.

Barnett and Wurman do not consider extensive evidence from the period during and immediately after enactment, of the kind canvassed by scholars such as Michael Ramsey in his detailed 2020 article on this subject. That evidence, as Ramsey explains, strongly supports birthright citizenship for the children of undocumented migrants.

Barnett and Wurman argue that the traditional view cannot explain seeming anomalies, such as “the status of children born to citizens residing within enemy-occupied territory, who appear to have been considered citizens if their parents remained loyal… [a]nd… the status of children born to foreigners on foreign public vessels in U.S. waters, who were not considered citizens.” These aren’t actually anomalies at all. As the Supreme Court ruled in 1812, foreign public vessels in US territorial waters remain under the sovereignty of their governments, and therefore are not within US jurisdiction. Citizens residing within enemy-held territory remain under an obligation to follow US law, and that duty can be enforced upon them in a way it cannot be on foreign troops (for example through prosecutions undertaken after the US recaptures the territory).

Finally, it’s important to remember that, as Gabriel Chin and Paul Finkelman have shown, the freed slaves whose children were covered  by the Citizenship Clause included a large population that had entered the US illegally, by virtue of being brought in after the federal government banned the slave trade in 1808. This shows that illegal entry was not considered a barrier to being under US jurisdiction.

Even if valid, the Barnett-Wurman theory only partially justifies Trump’s order. That order excludes not just children of illegal entrants, but those born to migrants who entered legally on temporary visas. But their argument fails with respect to children of the undocumented, as well. At the very least, it is not strong enough to overcome decades of contrary precedent and practice, thereby subjecting hundreds of thousands of innocent children to the trauma of deportation.

Source: Birthright Citizenship – A Response to Barnett and Wurman

As birth tourism rises again, will Trump’s citizenship moves send more Canada’s way?

Some good reporting on the local birth tourism “industry” and their expectations regarding possible increased business resulting from Trump threats (my analysis referenced, would be nice to see some reporting from the GTA, given the number of hospitals with significant portions of non-resident self-pay births).

For those who worry that any measures might affect the vulnerable, the cost for birth tourism “packages” for Chinese nationals is, according the operators cited, in the order of $100,000:

Vancouver-based birth tourism operator Liga Lin says her phone has been buzzing with inquiries from expectant mothers since U.S. President Donald Trump moved to end American birthright citizenship.

Lin’s business, New Joy Postpartum Care, arranges accommodation and services for non-resident women — mostly from mainland China, Taiwan and Hong Kong — who want to give birth in Canada, granting their children automatic citizenship rights.

The industry also exists in the U.S., but Trump’s executive order seeking to end the right to citizenship at birth on American soil has thrown it into disarray, even as the measure was blocked by a U.S. district court judge who called it “blatantly unconstitutional.”

Chinese social media platform Xiaohongshu, known in English as RedNote, has numerous discussions among people in China about whether they should stick to their plan to give birth in the U.S. or switch to other countries with birthright citizenship, such as Canada.

Lin — whose packages can cost up to about $100,000 including housing, a nanny, a housekeeper and massages, recalled a phone call from a Chinese woman already in a U.S. “birth house,” panicking over Trump’s announcement.

“She is very worried, and she asked me if there is any similar move going on in Canada. She wanted to come to Canada instead,” Lin said in an interview in Mandarin.

Birth tourism in Canada slumped during the COVID-19 pandemic, but Lin and other British Columbia operators say inquiries from potential birth tourists are spiking since Trump’s election last year, and his recent executive order.

You Wu has run a “maternity care agency” in the Metro Vancouver city of Richmond, B.C., since 2013.

“My company has experienced an increase in consultation requests after Trump came into power. The most noticeable change is many clients deciding to switch from the U.S. to Vancouver,” Wu said in Mandarin.

She said there was a sense of urgency, compared with other times when potential clients would question her closely and hesitate to sign contracts.

“It’s fantastic news for people who work in this industry in Vancouver,” Wu said of the shift. 

Andrew Griffith is a former director-general of the Department Citizenship and Immigration, who has tracked the ups and downs of the birth tourism industry in Canada.

He said Trump’s executive order would require a constitutional amendment to stand, but it had already created uncertainty and panic among would-be U.S. birth tourists. 

“It’ll make it eventually to the Supreme Court, but in the meantime, there’ll be lots of chaos, lots of worries,” said Griffith.

He has released data showing the number of birth tourists to Canada “declined dramatically” during COVID-19 due to travel restrictions, dropping by 50 per cent. 

But he said births to non-residents are now back near pre-pandemic levels, jumping last year by 46 per cent to an estimated 5,219. 

That is only about 1.5 per cent of all births in Canada, although critics of birth tourism point to the potential burden on hospitals where the practice is most common.

“The number of births is quite small, but it does have an effect on the perception of fairness,” said Griffith.

Dr. Jon Barrett, chair of the Department of Obstetrics and Gynecology at McMaster University, published an opinion letter in the Journal of Obstetrics and Genaecology Canada in 2023, saying Canadian hospitals and physicians should have “absolutely zero tolerance” for birth tourism, and decline to accept these patients into care, unless it was urgent.

Doctors, he said, “should unite in a firm stand against birth tourism”, which put hospitals at risk of “significant shortfalls” if a birth went wrong, and birth tourists at risk of being “fleeced by unethical individuals.”

Richmond was once the “epicentre” of birth tourism in Canada, said Griffith. Data provided by Vancouver Coastal Health shows that in the 2018 fiscal year, more than 23 per cent of all babies born at Richmond Hospital had non-resident parents. 

But the health authority said “the number of non-resident births at Richmond Hospital for the past few years is a fraction of what it was 10 years ago,” and last fiscal year, the percentage of births that were to non-resident parents was 6.9 per cent.

Griffith said it’s unclear if Trump’s positions would have an impact on birth tourism in Canada, but discussions in the U.S. would pressure Canada to “revisit the need for curbs on birth tourism.”

“Canada and the U.S., in one sense, are the preferred destinations for people who would want to achieve citizenship,” said Griffith. 

“Whether a Canadian political party will pick up the issue like the Conservatives did in 2012 remains to be seen.”

Longtime immigration consultant Peter Peng was uncertain whether there would be an “overwhelming” influx of birth tourists in Canada. “If you ask me, if we will see a big trend this time, my answer is soft Yes, not a solid one,” he said in Mandarin.

And while Richmond-based birth tourism operator Wenshi Peng said inquiries had jumped three or four times since Trump’s executive order, this had not yet been converted to an increase in clients, he said.

Peng said he didn’t think birth tourists, who pay full price for medical services, burden Canada’s health system

“For mothers who don’t have Canadian citizenships to give births here, they usually need to pay (the hospital) at least $13,000, and the price usually doubles if they run into any trouble,” Peng said in Mandarin.

“I don’t think they have taken up any local health care resources.”

Lin said that the birth tourism industry in the United States was more established than in Canada but both had appeal for someone seeking foreign citizenship for their child.

America, she said, is known for elite universities, while Canada was known for safe campus environments and its social benefits.

“Years ago, many moms who worked at high-tech firms in Taiwan used to travel to the U.S. in groups to give birth, but now they will come here instead,” said Lin. 

She said that as a mother of two, she empathized with her clients as they navigated a foreign country to give birth.

Birth tourists just want a better future for their children, she said. 

“They are under stress, and I always try my best to comfort them,” said Lin.

“For parents who choose to give birth here, they are worried that ten years later, it will be more difficult for their children to pursue studies or even immigrate (due to policy changes). The costs at that time will be way higher than $100,000, because of inflation.”

Source: As birth tourism rises again, will Trump’s citizenship moves send more Canada’s way?