As the US Supreme Court takes up birthright citizenship, President Donald Trump’s push to restrict the rule has revived claims about Chinese ‘birth tourism’
The debate over birthright citizenship in the US is back in focus, with Chinese nationals often mentioned in arguments around the issue. The US Supreme Court is scheduled to hear the case on Wednesday (local time), linked to President Donald Trump’s push to end automatic citizenship for children born in the country to parents who are not US citizens.
The issue has also revived claims about “birth tourism”, where foreign nationals travel to the US so their child is born there and receives American citizenship. Supporters of stricter rules say the practice is being misused, while legal experts argue there is little strong evidence to show that it happens on a large scale, according to the South China Morning Post.
In a post on Truth Social, Trump said, “Birthright Citizenship is not about rich people from China, and the rest of the World, who want their children, and hundreds of thousands more, FOR PAY, to ridiculously become citizens of the United States of America. It is about the BABIES OF SLAVES!”
China at the centre of political claims
China has become a frequent reference point in the political debate over birthright citizenship. At a congressional hearing in March, Peter Schweizer, president of the Government Accountability Institute, claimed that about one million US citizens were currently being raised in China.
However, legal scholars and immigration researchers say such claims are exaggerated and unsupported by reliable data, the news report said.
The news report, citing data from the US National Center for Health Statistics, stated that births to Chinese-born mothers form a very small share of total US births. In 2023, the US recorded about 3.7 million births in total. Of these, 852,470 were to foreign-born mothers, while 27,476 were to mothers born in China. Only 113 births that year were to Chinese mothers who were not US residents.
Earlier data shows similar patterns. In 2018, there were 3.9 million births in the US, including 267 births to Chinese mothers who were not residents.
The news report quoted Jennifer Van Hook, a professor of sociology and demography at Penn State University, as saying that most births to foreign-born mothers are to immigrants who live in the US, not visitors.
Births to non-resident foreign-born mothers account for roughly 0.23 per cent of all births in the country. Those to non-resident Chinese-born mothers represent about 0.003 per cent of total US births.
What is birthright citizenship?
Birthright citizenship means that anyone born on US soil automatically becomes a US citizen. The rule is based on the legal principle of jus soli, a Latin term meaning “right of the soil”.
After returning to office in January 2025, Trump criticised the policy and called it an “absolutely ridiculous” idea. On the first day of his second term, he signed an executive order directing US agencies to deny citizenship to children born in the US if neither parent is a citizen or lawful permanent resident.
Under the order, children born after February 19, 2025 would not automatically receive citizenship. Critics say such children could face deportation later in life and would be denied benefits such as Social Security numbers and government assistance.
“Look at the dates of this long-ago legislation – THE EXACT END OF THE CIVIL WAR! The World is getting rich selling citizenships to our Country, while at the same time laughing at how STUPID our US Court System has become [TARIFFS!],” Trump added in his Monday social media post.
Historical case involving Chinese immigrant
The modern legal understanding of birthright citizenship largely stems from a landmark case involving a Chinese immigrant. In the 1898 case United States vs Wong Kim Ark, the US Supreme Court ruled that a man born in San Francisco to Chinese parents was a US citizen under the 14th Amendment.
Wong Kim Ark had travelled to China and was denied re-entry to the US under the Chinese Exclusion Act. Authorities argued he was not a citizen because his parents were Chinese nationals. The court rejected this argument, ruling that nearly everyone born on US soil qualifies for citizenship regardless of their parents’ nationality.
The decision became the cornerstone of modern birthright citizenship law in the US.
Debate over ‘birth tourism’
Birth tourism has become a key point in the political debate over birthright citizenship in the US. At a congressional hearing in March, Schweizer said the practice has turned into a business that helps foreign nationals travel to the US to give birth.
According to him, some agencies charge about $100,000 to arrange travel, hospital care and other services so that the child is born in the US and gains citizenship. After the birth, families usually return to their home country, the news report said.
Although such cases exist, experts say they are limited. In 2019, a Chinese national in California admitted to operating a birth tourism network and was sentenced to 10 months in prison.
Some lawmakers have proposed measures such as the ‘Ban Birth Tourism Act’ to block visas for people suspected of travelling to the US for childbirth.
However, immigration researchers say the scale of the problem is often overstated. Julia Gelatt of the Migration Policy Institute said that even if estimates are higher than reported, they would still make up a very small share of births in the US, the news report said.
As the Supreme Court prepares to hear arguments on birthright citizenship, advocacy groups are planning rallies to support the policy. Supporters say it is an important part of American values and ensures equality before the law, the news report said.
