Due to the challenges facing birthright citizenship, immigration experts have stated that any measures that weaken birthright citizenship could lead to an increase in demand for EB-5 visas and the Golden Card visa proposed by President Trump.
Currently, birthright citizenship grants automatic American citizenship to anyone born on U.S. soil, regardless of their parents’ immigration status. This principle known as “jus soli” has long made the U.S. a center for “birth tourism,” where foreign nationals enter the country on tourist visas with the intention of giving birth to secure American citizenship for their children.
However, with the Trump administration’s increasing momentum to restrict or eliminate the right of undocumented parents to their children, experts say that wealthy international families may seek new legal avenues to ensure their children’s future in the U.S.
Ali Jahangiri, the head of the EB-5 Loan Alliance, told Newsweek, “Canceling or limiting birthright citizenship will close loopholes for many foreigners, redirecting the demand towards investment-based immigration pathways like the EB-5 and the Golden Card. These avenues provide wealthier families seeking future immigration opportunities for their children in the U.S. a more secure, legal, and long-term solution.”
The EB-5 program grants green cards to foreign nationals who invest a minimum of $800,000 in a U.S. business and create at least 10 jobs, providing a direct path to permanent residency for investors, their spouses, and children under 21. Given the risks associated with birthright citizenship, legitimate immigration pathways for affluent immigrants may become more viable.
In February of this year, the President proposed a Golden Card scheme, offering U.S. residency to individuals investing $5 million in the country.
A key aspect of the proposed “Trump Golden Card” visa is its territorial tax system, which only taxes the income earned within the U.S., exempting income earned in other countries. The program targets high-net-worth individuals, offering long-term legal residency in exchange for significant contributions to the U.S. economy.
Jahangiri stated, “If the U.S. introduces such a program, families who were considering birth tourism might instead seek the Golden Card for legal residency and a path towards longer-term citizenship.”
However, not everyone is enthusiastic about the Golden Card concept, warning that it may face significant political and practical hurdles.
Morgan Bailey, a partner at Mayer Brown law firm and former senior official at the Department of Homeland Security, told Newsweek, “Concerns about the feasibility and image of the program seem to lack widespread or coordinated support within Congress, including among Republicans.”
“For example, many other countries that have implemented similar wealth immigration programs have ultimately canceled them due to concerns about national security, money laundering, limited long-term economic benefits, and criticism that citizenship or permanent residency can be bought,” Bailey said.
Bailey continued, “If the Golden Card is to be launched before the 2026 midterm elections, several key steps need to be taken. Without congressional support, the government may try to introduce the program through executive orders or regulatory rule-making. While these approaches may raise legal issues, it is important to understand that such a program could progress rapidly.”