A congressional proposal aims to alter birthright citizenship in several U.S. territories, a move proponents say would combat so-called "birth tourism." The End Birthright Citizenship for Territories Act, introduced by Rep. Morgan Griffith, R-Va., specifically targets the U.S. Virgin Islands, Puerto Rico, Guam, and the Northern Mariana Islands. American Samoa is excluded as its residents do not automatically receive U.S. citizenship at birth.
Griffith's bill is presented as a response to the Supreme Court's recent decision that upheld birthright citizenship for children born in the U.S. to parents who are unlawfully or temporarily present. The congressman argues that because citizenship in these territories was established by federal statute rather than directly by the Fourteenth Amendment, Congress has the authority to revise these laws. He stated that the bill is intended to address foreign nationals exploiting loopholes in citizenship laws.
Concerns about birth tourism in the Northern Mariana Islands (CNMI) were previously highlighted following a federal immigration control shift in 2009. Critics suggested that parole authority used for visa-exempt Chinese and Russian visitors facilitated birth tourism, leading to what some described as a "tropical maternity ward." Federal prosecutors in the past shut down a commercial birth-tourism operation on Saipan, resulting in the operator's guilty plea for harboring illegal aliens.
The legislative effort draws partly on the Insular Cases, a series of early 20th-century Supreme Court decisions that addressed the application of constitutional rights in U.S. territories. Lower courts have previously applied this framework in citizenship cases, such as a 2015 D.C. Circuit decision stating the Citizenship Clause does not grant birthright citizenship to individuals born in American Samoa.
Delegate to Congress for the CNMI, Kimberlyn King-Hinds, R-CNMI, expressed support for securing borders and prosecuting those who abuse immigration laws. However, she argued that Griffith's bill targets the wrong individuals and suggested that Congress should strengthen enforcement under federal oversight, rather than impacting residents of the territories. King-Hinds also raised concerns about creating different citizenship standards for those born in states versus territories, emphasizing the contributions and loyal service of CNMI residents to the U.S. armed forces.
Rep. Jim Banks, R-Ind., has also proposed the Citizenship Act, which reportedly aims to define children of individuals who cross the border illegally as "children of invaders," potentially amending the Fourteenth Amendment's birthright citizenship clause. Former Acting ICE Director Jonathan Fahey discussed this proposal on Fox Business, noting it takes inspiration from Justice Kavanaugh's opinions.
While residents of these territories can participate in presidential nominating contests and elect non-voting delegates or resident commissioners to the House, they cannot vote in the general presidential election while residing in the territories. The potential impact of Griffith's bill could necessitate further examination by Congress and the courts regarding lawmakers' authority over territorial citizenship rules.