On April 1, the Supreme Court began hearing arguments in Trump v. Barbara, the class-action lawsuit challenging President Donald Trump’s executive order restricting birthright citizenship.

Trump insists that this ban is necessary to stop birth tourism. This refers to the practice of traveling to another country to give birth, thereby allowing the child to automatically acquire citizenship. Via TruthSocial, Trump writes: “Birthright Citizenship has to do with the babies of slaves, not Chinese Billionaires who have 56 kids, all of whom ‘become’ American Citizens. One of the many Great Scams of our time!”

Solicitor General D. John Sauer has raised similar concerns. He remarks, “Media reported as early as 2015 that, based on Chinese media reports, there are 500—500—birth tourism companies in the People’s Republic of China, whose business is to bring people here to give birth and return to that nation.”

However, despite their criticisms, the Trump administration has effectively launched their own birth tourism venture: the “Trump Gold Card,” a visa program that expedites the process for those “who have demonstrated their ability and desire to advance the interest of the United States” by donating $1 million dollars and paying a $15,000 Department of Homeland Security (DHS) processing fee. The “Trump Corporate Gold Card” requires a $2 million contribution paid by a corporation “or similar entity” on behalf of the individual. There is even a “Trump Platinum Card” reportedly coming soon. That card will require a $5 million contribution and makes the visa holder exempt from paying US taxes on non-US income for 270 days.

Trump is not ending birth tourism. His true goal is to seize control of the market by monopolizing the pathways to legal residency and citizenship.

Once approved, either variant of the Gold Card provides successful applicants with “lawful permanent resident status” as an EB-1 or EB-2 visa holder. (Specific details for the Platinum Card are not yet available, but presumably it would grant recipients permanent resident status as well.)

This is significant because of how it relates to Trump’s birthright ban. The Trump administration alleges that the 14th Amendment only grants citizenship to those who are “subject to the jurisdiction” of the US by virtue of owing it “direct and immediate allegiance” and receiving “protection” from it. The children of US citizens and lawful permanent residents meet this standard because their parents have “a permanent domicile.”

Trump’s birthright executive order explicitly carves out this exception: “Nothing in this order shall be construed to affect the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States........

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