Birth tourism fight shifts to US ‘tropical maternity ward’ with history of Chinese exploitation

The legislature conflict complete birthright citizenship shifted to nan U.S. territories this week aft nan Supreme Court struck down President Donald Trump’s effort to contradict citizenship to children calved successful nan United States to parents who are unlawfully aliases temporarily present.

Rep. Morgan Griffith, R-Va., said a Senate proposal arsenic good arsenic nan wide birthright citizenship statement leaves untouched nan 5 inhabited U.S. territories, wherever citizenship astatine commencement was established by national rule alternatively than straight nether nan Fourteenth Amendment.

"The ‘Barbara’ determination leaves unfastened nan doorway for Congressional action connected citizenship successful nan American territories," Griffith said successful introducing nan End Birthright Citizenship for Territories Act, referring to nan Supreme Court’s caller birthright citizenship ruling.

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A crowd fills nan section connected Capitol Hill successful Washington, Wednesday, April 10, 2013, during nan "Rally for Citizenship," wherever tens of thousands of immigrants and their supporters were expected to rally for migration reform. Bipartisan groups successful nan House and Senate are said to beryllium completing migration bills that see a pathway to citizenship for nan nation's 11 cardinal immigrants pinch forbidden status. (AP Photo/Jacquelyn Martin) ( )

"Because of nan existent birthright laws successful spot successful nan territories, immoderate kid calved successful a U.S. territory minus American Samoa, sloppy of a parent’s nationality, accesses U.S. citizenship automatically."

Four of nan 5 U.S. territories – the U.S. Virgin Islands, Puerto Rico, Guam and nan Northern Mariana Islands (CNMI) would beryllium covered by Griffith’s bill. American Samoans are not automatically conferred U.S. citizenship upon birth.

"This measure should extremity nan alleged ‘birth tourism’ that is taking spot successful nan American territories," Griffith said.

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Demonstrators extracurricular nan Supreme Court successful Washington, D.C., connected Wednesday, April 1, 2026. ((Graeme Sloan/Bloomberg via Getty Images))

Congress established birthright citizenship successful astir territories by statute, and Griffith argues it truthful has nan authority to revise those laws.

"Accordingly, I americium starring nan complaint in Congress to rectify this problem, explain U.S. citizenship laws successful nan territories and combat overseas nationals who are exploiting loopholes successful our citizenship laws to return advantage of U.S. generosity."

After nan national authorities assumed power of CNMI migration successful 2009, DHS utilized parole authority to licence eligible Chinese and Russian visitors to participate nan islands without visas — a argumentation critics opportunity facilitated commencement tourism.

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(GemStocks/Getty Images ) (GemStocks/Getty Images)

That alteration led CNMI to beryllium "flooded pinch alleged commencement tourists" successful what a New York Post study described arsenic a "tropical maternity ward" of citizens ripe to scope voting property astir 2030.

Residents of nan 5 inhabited territories cannot ballot successful nan statesmanlike wide predetermination while surviving there, though they participate successful statement statesmanlike nominating contests. Guam, nan Virgin Islands, American Samoa and CNMI elite House delegates, while Puerto Rico elects a resident commissioner. None whitethorn ballot connected last transition of authorities connected nan House floor.

Federal prosecutors unopen down 1 of nan CNMI's largest commercial birth-tourism operations during nan first Trump administration.

Prosecutors said 1 individual, Sen Sun, operated a lucrative birth-tourism business connected Saipan that "illegally employed dozens of caretakers… each Chinese nationals… without activity authorization," according to nan U.S. Attorney’s Office for Guam and CNMI. Sun pleaded blameworthy to harboring forbidden aliens.

Griffith’s measure relies partially connected nan Insular Cases, a group of early-20th-century Supreme Court decisions addressing really law protections use successful U.S. territories.

Lower courts later applied that territorial model successful citizenship cases, including nan D.C. Circuit’s 2015 determination successful Tuaua v. United States, which held that nan Citizenship Clause does not confer birthright citizenship connected group calved successful American Samoa.

Asked astir Griffith’s measure and nan caller reports connected commencement tourism successful her territory, Del. Kimberlyn King-Hinds, R-CNMI, said she supports securing U.S. borders and stopping anyone who "tries to maltreatment America’s migration laws."

The U.S. territory of Guam is an charismatic target for Chinese migrants fixed its proximity to nan Northern Mariana Islands. (iStock)

"If personification is exploiting our migration system, they should beryllium prosecuted to nan fullest grade of nan law. I person zero tolerance for fraud aliases abuse," King-Hinds said.

However, she claimed Griffith’s measure is targeting nan incorrect group – noting nan 2009 displacement successful territorial migration authority to nan national government.

King-Hinds said that pinch group admitted to CNMI nether national oversight, Congress should fortify enforcement alternatively than "single-out" Americans surviving there.

King-Hinds said CNMI has a unsocial narration pinch nan mainland done what is called its "Covenant" – a negotiated statement she said deserves "careful consideration" earlier Congress adjusts authorities granted to group calved there.

"I americium besides profoundly concerned astir creating 1 modular of citizenship for Americans calved successful nan 50 states and different for Americans calved successful nan territories. The group of nan CNMI person disproportionately and proudly served successful our Armed Forces, contributed to this nation, and lived arsenic loyal Americans for generations. They should not go nan testing crushed for policies that Congress cannot aliases will not use elsewhere."

"I guidelines fresh to activity pinch my colleagues to execute those goals, but I will ever conflict to protect nan authorities of nan group of nan Northern Mariana Islands," she said.

Fox News Digital besides reached retired to Dels. Stacey Plaskett, D-V.I., Pablo Jose Fernandez, D-P.R., and James Moylan, R-Guam, for comment.

In nan 2022 lawsuit United States v. Vaello Madero, nan Supreme Court upheld Congress’ removal of Puerto Rico residents from nan Supplemental Security Income program. Justice Neil Gorsuch agreed pinch nan judgement but wrote separately to reason that nan Insular Cases should beryllium overruled.

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"A period agone successful nan Insular Cases, this tribunal held that nan national authorities could norm Puerto Rico and different territories mostly without respect to nan Constitution. It is past clip to admit nan gravity of this correction and admit what we cognize to beryllium true," Gorsuch wrote – perchance mounting up different tribunal battle, should Griffith’s measure summation further steam.

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Other critics person countered that if territorial residents want afloat rights, they should actively prosecute statehood arsenic Alaska and Hawaii did successful nan modern era.

Griffith’s connection could unit Congress and nan courts to face really overmuch authority lawmakers clasp complete citizenship rules successful nan territories.

Fox News Digital's Robert Schmad contributed to this report.