The DOJ Goes to War on Birth Tourism After Losing at SCOTUS

It ain't over until it's over, and the Department of Justice says it ain’t over.

For sure, the Supreme Court handed the left a win Monday, but the Department of Justice didn't spend much time licking its wounds.

The court ruled on Tuesday that President Donald Trump's executive order limiting birthright citizenship was unconstitutional. The ruling held that the 14th Amendment guarantees citizenship to anyone born on U.S. soil regardless of their parents' immigration status. This terrible ruling effectively protects "birth tourism," the scheme in which pregnant women overstay visas or enter the country illegally specifically to give birth and secure U.S. citizenship for their children.

Jesse Watters addressed it on The Five on Tuesday.

"Now, the Chinese communists could take their pregnant wife to Guam, have a baby, fly the baby back to Beijing with a U.S. passport, and then that baby, when he's older, can get welfare, he can vote," Watters said. "Technically, when he's 35, he could become President of the United States. That's the stupidest thing anyone ever thought of."

DOJ senior official Colin McDonald issued a department-wide memo directing federal prosecutors to prioritize investigations and criminal charges against people who travel to the United States under false pretenses to give birth. The potential charges include visa fraud, money laundering, identity theft, and wire fraud.

"The Department of Justice will zealously protect the sanctity of United States citizenship by investigating and prosecuting those who fraudulently exploit our immigration system," McDonald wrote in the memo, which he posted publicly on social media.

Memorandum for DOJ Employees on Prosecution of Fraudulent Birth Tourism Schemes from Assistant Attorney General Colin McDonald ⬇️ pic.twitter.com/hoilA5o2TE
— U.S. Department of Justice (@TheJusticeDept) June 30, 2026

The DOJ had already telegraphed this move before the ruling came down, calling birth tourism a "national security threat" and pledging to "prioritize the prosecutions of birth tourism schemes across the country." The Supreme Court can hold the line on the 14th Amendment. The DOJ intends to go after the fraud.

The fraud, by the way, is real.

Back in 2019, Chinese national Dongyuan Li ran a company called You Win USA Vacation Services, which helped pregnant Chinese women travel to the United States to give birth. Li claimed to have served more than 500 customers, charging each between $40,000 and $80,000, and she received $3 million in wire transfers from China over two years. Li coached clients to lie on visa applications and at U.S. consulate interviews in China, claiming a two-week stay while planning to stay up to three months, and trained them to conceal their pregnancies from customs officials.

You Win USA marketed the service by promising children "13 years of free education," "less pollution," "an easier way for the whole family to immigrate to the United States," and "priority for jobs in U.S. government, public companies, and large corporations." Citizenship as a premium package, complete with step-by-step coaching on how to fool the U.S. government.

Li pleaded guilty to federal charges in 2019. A judge sentenced her to 10 months in prison for running a multimillion-dollar operation that turned U.S. citizenship into a product.

Now that the Supreme Court has given its blessing to birth tourism, it's probably worth revisiting this story from 2019.

A Chinese national named Dongyuan Li ran a company called You Win USA Vacation Services that helped pregnant Chinese women travel to the U.S. to give birth so…
— Seth Dillon (@SethDillon) June 30, 2026

The Supreme Court may have blocked the executive order, but the DOJ hasn't walked away from the fight.

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