Trump’s Gold Card Is Birth Tourism

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 citizenship.”

Importantly then, the US-born children of Trump Gold Card recipients will be automatically granted citizenship at birth—this is true regardless of how the Supreme Court rules.

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. This is a hostile takeover. While Trump decries the problem of “Chinese billionaires” scamming the US to get citizenship for their children, his Gold Card programs allow them to directly purchase it. After all, who else but a multimillionaire or billionaire could afford the $1 million (or $5 million) price tag? Once they obtain lawful permanent resident status, what stops them from giving birth to “56 kids” in the US?

The “Corporate Gold Card” paves the way for even relatively poorer immigrants to gain permanent residency so long as they have skills that companies desire. Rather than curtailing the birth tourism market, Trump is expanding it!

Moreover, a Gold Card applicant may include their spouse or unmarried children (under 21 years old), thereby ensuring they too “receive all of the privileges conferred” by the program. While each family member is subject to another $15,000 DHS processing fee and a $1 million donation, this is unlikely to be a barrier for the ultra wealthy.

Secretary of Commerce Howard Lutnick claims, “Our immigration system should put Americans first. That’s exactly why the Trump Gold Card is a major win for our country.” Trump likewise exclaims: “Wealthy people will be coming into our country by buying this card. They’ll be wealthy, and they’ll be successful, and they’ll be spending a lot of money, and paying a lot of taxes and employing a lot of people.”

The irony is that Trump wants wealthy, successful, and talented people to migrate to the US. He wants this regardless of how much his anti-immigrant base despises it. His criticism about birth tourism is not that it is occurring—it’s that someone else is profiting from it.

Ultimately, the Gold Card is gaudy, illegal Trump-branded birth tourism. If Trump were serious about tackling this issue, he would immediately end his pay-for-stay scheme. But he won’t. He will insist, despite any evidence, that birth tourism is rampant and poses an existential threat to the nation; while, at the same time, getting in on the action himself. This isn’t because Trumpian birth tourism is superior or better for the nation. It’s because it’s better for him. In the end, there is only one citizen that Trump truly cares about: himself.