Thursday, Aug 6, 2026
Can “birth tourism” children born to foreign mothers automatically receive Social Security benefits and vote by mail without ever having lived in the country, as Rep. Brecheen claimed?
Though all U.S.-born children are citizens under the Fourteenth Amendment, hypothetical “birth tourism” children who never reside in the country would not be automatically allowed Social Security benefits or absentee voting.
Social Security benefits require credits typically earned through years of work and paying Social Security taxes. Our grown-up hypothetical children are unlikely to meet this requirement; international Social Security agreements ensure that workers pay such taxes to, and are covered by, the country to which they have the greatest attachment.
Citizens who have never resided in the U.S. may be eligible to vote, but states’ voting rules generally require one’s parent to have either been registered to vote in or last domiciled in the state – both are incompatible with being a foreign tourist.
It’s worth noting that an estimated maximum of 26,000 of more than 3.6 million annual births – less than 1% – constitute birth tourism.
This fact brief is responsive to conversations such as this one.
Sources
- Social Security Administration Social Security Credits
- Social Security Administration U.S. International Social Security Agreements
- Federal Voting Assistance Program Overseas Citizen Voters - Never Resided in the U.S.?
- Vote.ORG Voter Registration Rules
- Cornell Law School Domicile
- Migration Policy Institute Though Rare, Birth Tourism to the United States Sparks Outsized Concern
- National Center for Health Statistics Births and Natality
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