When the Supreme Court overturned President Donald Trump’s executive order last week, it held that the Fourteenth Amendment affords citizenship to all persons born on U.S. soil — including those born through birth tourism schemes. It is one of the court’s most unpopular decisions in recent years, with Justice Clarence Thomas’ dissent questioning whether it will stand the test of time.
One underreported aspect of this issue, however, is an obvious but (until recently) largely unknown consequence of birthright citizenship: a thriving, cross-border commercial surrogacy industry. Without congressional action, women and children remain vulnerable to exploitation through lucrative birth tourism schemes.
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