Peter Schweitzer, author of a recent bestselling book, describes the Supreme Court’s ruling on birthright citizenship as a “very damning decision,” especially amidst concerns about China’s birth tourism exploits.
In the case of Trump vs. Barbara, the court this week overturned President Donald Trump’s executive order that aimed to prevent automatic citizenship for children born in the U.S. to foreign nationals. While many anticipated this outcome, Schweitzer views it as detrimental to American sovereignty.
Schweitzer’s book, which is currently at the top of the bestseller list, highlights alarming statistics related to China’s “birth tourism” business. The data, drawn from Chinese governmental and research sources, suggests that around 1 million Chinese children have received birthright citizenship in the U.S. over the last 14 years. Moreover, the book reveals over 1,000 Chinese firms operating in the U.S. and about 500 in China that assist with this practice.
The U.S. attorney general referenced these figures during oral arguments presented to the justices in April.
In a recent episode of Drill Down, Schweitzer and co-host Eric Eggers discussed perceived missteps by the court and the potential implications moving forward. They pondered on what actions President Trump might take following this ruling.
Trump sarcastically reacted to the court’s decision, saying, “Congratulations to President Xi and the great nation of the People’s Republic of China on gaining birthright citizenship on a large scale!” He questioned, though, what real options he has moving forward.
Schweitzer believes that amending the Constitution is the only comprehensive solution. The 14th Amendment, established post-Civil War, asserts that “all persons born or naturalized in the United States… are citizens of the United States and the states in which they reside.” The legal debate centers around whether illegal immigrants are subjected to U.S. jurisdiction, and thus whether their children born in the U.S. automatically qualify for citizenship. Since Trump’s executive order took effect on January 21, 2025, there has been extensive legal review and analysis of the legislative history surrounding this issue.
Restricting Birthright Citizenship Legally
Schweitzer is also considering legislative methods. He notes that numerous Chinese tourists are heading to U.S. territories, particularly Saipan, because residents there do not share all the same rights as those in U.S. states, including the 14th Amendment protections. In fact, a law from 1976 acknowledged the residents of the Mariana Islands as U.S. citizens. This means Congress has the authority to amend or rescind that law to prevent foreign nationals from entering U.S. territories for such purposes.
“Since Congress granted birthright citizenship to local citizens, it could also pass a law that denies it to foreign nationals visiting U.S. territories for this reason,” he adds.
Shutting Down U.S. Birth Tourism Companies
Schweitzer suggests a crackdown on mainland U.S. maternity tourism companies, mainly based in Southern California.
The government is currently taking action against various Chinese maternity tourism businesses that aid elite clientele. Schweitzer highlights that these firms instruct expectant mothers to conceal their pregnancies and to list their business address as their “home” address on birth certificates.
“They should face charges for visa fraud,” Schweitzer proposes, mentioning that the typical penalty is one year in prison, which should arguably be extended to ten years. “These companies are raking in millions,” he adds.
Some have questioned the figures provided by GAI, pointing out a CDC report that estimates the annual number of foreign births in the U.S. to be between 10,000 and 20,000. In a recent interview with GBN News, Eric Eggers was challenged by a Democratic strategist who referenced this study.
However, Schweitzer critiques the study, pointing out that its methodology involves searching for the home address of foreigners. As mentioned, maternity tourism firms tell their clients to present a business address to immigration officials, obscuring their actual residence in China. “They’re trying to keep their practices under wraps,” he concludes.
Ending Obama’s 10-Year Visa Deal with China
In 2014, President Obama negotiated a deal offering 10-year visas to Chinese visitors. While initially portrayed as a way to promote trade, Schweitzer argues that it enables many Chinese women to get visas before they become pregnant, allowing them to dodge scrutiny at border controls.
“This was a misguided strategy,” Schweitzer insists. “With an executive order, Trump could simply state, ‘No, we’re reverting to the previous system. We won’t continue with the 10-year visas.’”
Schweitzer remarks that although the Supreme Court’s decision is unfortunate, it’s crucial to keep pushing back, highlighting the tools still available for change.
Eggers wrapped up the episode with a poignant note: “America exists thanks to both divine providence and human effort, and we need to harness that effort to discuss birthright citizenship honestly.”
Listen for more from Peter Schweitzer on the Drill Down podcast.
