Senator Eric Schmitt Urges Probe Into Citizenship for Children of Foreign Diplomats

Sen. Eric Schmitt asked the State Department and the Department of Homeland Security on July 16, 2026, to investigate citizenship documents issued to children of foreign diplomats and revoke citizenship documentation he says was improperly obtained.

The Missouri Republican, who chairs the Senate Judiciary Subcommittee on the Constitution, sent the request to Secretary of State Marco Rubio and Homeland Security Secretary Markwayne Mullin. He wants the agencies to identify people whose documents were issued during a parent’s diplomatic mission in the United States.

Schmitt called for an immediate probe. His request targets records already used to obtain proof of U.S. citizenship.

He argues that foreign diplomats’ children are outside the constitutional jurisdiction that supports birthright citizenship because diplomats have immunity and owe allegiance to foreign governments.

Schmitt said the agencies should identify those involved and withdraw documents he considers illegally obtained.

“Neither the Constitution nor federal statutory law grants foreign diplomats’ children birthright citizenship. Yet public reporting indicates that potentially thousands of foreign diplomats’ children have been given citizenship documentation. Foreign diplomats’ children using improperly procured citizenship documentation to illegally claim citizenship degrades the meaning of American citizenship, undermines our sovereignty, and threatens our national security.”

The senator separately urged the agencies to “identify the individuals who have illegally procured citizenship documentation in this manner, and revoke those individuals’ illegally procured citizenship documentation.”

Schmitt’s bill would tie citizenship to a parent’s status

The request followed Schmitt’s introduction of the American Citizenship Act on July 14, 2026. The measure would limit citizenship at birth to children with at least one parent who is a U.S. citizen or legal permanent resident.

Schmitt introduced the bill after a Supreme Court decision in June 2026, Trump v. Barbara. He described the ruling as a “disastrous” and “erroneous interpretation” of the 14th Amendment.

The senator focuses on the amendment’s language covering people “subject to the jurisdiction” of the United States. He says foreign diplomats and their children do not meet that standard.

“The Supreme Court’s erroneous interpretation of the Fourteenth Amendment last month degraded the meaning of that citizenship by extending it to children born to illegal or temporary aliens—including ‘birth tourists’—who come to our country in violation of our laws. That is an egregious departure from the original meaning of the Fourteenth Amendment.”

The legislation addresses children born to parents with several immigration statuses. Schmitt’s letter focuses specifically on children of foreign diplomats and the documents they may already hold.

State records may not show a parent’s diplomatic status

Schmitt has pointed to a records problem in making his case. State-issued birth certificates often do not indicate that a parent has diplomatic status.

That gap can allow diplomats to obtain U.S. passports and Social Security numbers for their children through what Schmitt described as “back-door bureaucratic channels.” The documents can then serve as evidence of citizenship.

If Rubio’s and Mullin’s departments act on the request, thousands of people who hold citizenship documentation based on births to diplomatic parents could face passport and legal-status consequences. Schmitt is asking the agencies to examine how those records were issued.

The letter also sits within a wider push against arrangements that help foreign nationals secure U.S. citizenship for children born in the country. Schmitt has cited fraudulent visa applications and specialized “maternity hotels” in connection with those schemes.

Federal officials are also targeting related schemes

The Justice Department opened a separate enforcement track on June 30, 2026. Colin McDonald, the Assistant Attorney General for Fraud, directed federal prosecutors to prioritize investigations into schemes involving arranged births and the people who market those services.

McDonald wrote:

“The Department of Justice will investigate and hold accountable those who engage in this unlawful conduct, as well as those who solicit and sell these criminal services to others.”

The memo concerns the people who arrange or sell the services. Schmitt’s request instead seeks a review of citizenship documentation issued to diplomats’ children.

A DHS spokesperson said on July 1, 2026, that the department disagreed with the Supreme Court ruling and wanted Congress to act.

“We disagree with the [Supreme Court] ruling. Congress must get to work to end birthright citizenship immediately.”

The statement placed the department behind congressional action, while Schmitt’s letter asks the executive branch to inspect existing records.

Supporters cite China, Russia and foreign influence concerns

Schmitt has raised concerns about foreign nationals, particularly from China and Russia, who he says use fraudulent visa applications and maternity hotels to secure U.S. citizenship for their children.

Peter Schweizer of the Government Accountability Institute has joined the national-security argument. He and Schmitt contend that officials from adversarial nations, including the CCP, could create “sleeper” citizens who might later be exploited for foreign influence.

Those claims broaden the debate beyond diplomatic families. The immediate request, however, goes to Rubio and Mullin and asks them to identify affected individuals, investigate their documents, and withdraw records Schmitt says were illegally procured.

The proposed legislation and the agency review would follow different routes. Congress would consider the parent-status restriction, while the State Department and DHS would examine citizenship documentation tied to diplomatic missions.