In light of the recent ruling by the U.S. Supreme Court affirming birthright citizenship, Texas officials are taking decisive action against birth tourism, which involves foreign nationals traveling to the state to give birth. This effort primarily revolves around investigating healthcare providers that may be facilitating this practice.
The Texas Health and Human Services Commission (HHSC) has asked the Attorney General’s Office to probe two hospitals in the Rio Grande Valley — Mission Regional Medical Center in Mission and Knapp Medical Center in Weslaco. Governor Greg Abbott alleges that these facilities have violated state or federal laws by promoting their services to foreign nationals through billboard advertisements.
“U.S. citizenship is not for sale in Texas. We will not allow our healthcare system to be exploited to evade federal immigration laws,” Abbott stated in a press release. He accused the hospitals of profiting from illegal birth tourism, where expectant mothers travel to the U.S. to ensure their children gain citizenship.
The billboard, identified in various Latin American countries, advertised birth packages in Spanish and featured the hospital’s name along with its social media contacts. Additionally, it included a phone number and website, both of which are now inactive. The HHSC has suggested that these hospitals have been targeting foreign clients since 2023.
Mission Regional Medical Center confirmed the use of the billboard but indicated it is no longer operational to avoid any potential misunderstandings, according to spokesperson Kathleen Avila.
The state’s crackdown on birth tourism has focused on healthcare providers rather than the foreign national women who give birth in Texas. Officials allege that some providers encourage or assist foreign mothers to deliver in the state, potentially through illegal methods.
While giving birth in the U.S. as a foreign national is not illegal, issues arise when businesses engage in visa fraud, as highlighted by the U.S. Department of Justice. In April, Attorney General Ken Paxton filed a lawsuit against a postpartum care center in Houston, accusing its operators of advising Chinese nationals on how to mislead immigration officials to gain entry for childbirth. The center’s operators denied the allegations, and the case has raised significant concern.
Prior to the Supreme Court’s ruling on birthright citizenship, Texas Republicans had already expressed intentions to eliminate birth tourism in their legislative agenda. Abbott described the practice of foreign nationals entering the U.S. under false pretenses to give birth as an exploitative act against Texas hospitality. The Justice Department has similarly called for an end to illegal birth tourism.
Austin immigration attorney Kate Lincoln-Goldfinch pointed out that birth tourism is relatively uncommon, noting that many pregnant women are turned away at U.S. entry points. She cautioned that ongoing punitive measures against birth tourism could deter immigrants from seeking necessary medical care, especially after Texas regulations began requiring hospitals to inquire about patients’ immigration status.
Data on the prevalence of birth tourism is scarce. The Migration Policy Institute estimates that between 9,600 and 26,000 of the 3.6 million annual U.S. births result from birth tourism. This range is derived from analyzing births to mothers with foreign addresses and those with foreign-born mothers on temporary visas.
While giving birth in the U.S. is legal, entering the country on a tourist visa with the intent of obtaining citizenship for a child can be considered fraud. Chuck DeVore from the Texas Public Policy Foundation emphasized that the legality depends on the intentions disclosed in visa applications.
Texas officials are intensifying their scrutiny of birth tourism practices. Following a recent Senate health committee meeting, there was a clear indication that lawmakers might consider banning foreign nationals from utilizing Texas surrogates, spurred by concerns about exploitation.
Attorney General Paxton’s lawsuit against the Houston postpartum care center alleges that the facility misled foreign nationals regarding their visa applications and provided misleading advertisements about their services. This center, which operated multiple residential properties, is accused of violating several Texas laws.
As discussions on surrogacy and birth tourism continue, the state could consider new legislation aimed at increasing scrutiny at entry points and during visa applications. DeVore suggested that lawmakers might pursue measures that require foreign nationals to pay for maternal care upfront.
Ultimately, the Texas Republican Party aims to redefine birthright citizenship through legislative changes, proposing that only children with at least one U.S. citizen parent should receive citizenship. This initiative reflects broader efforts to reshape policies surrounding birth tourism and citizenship in Texas.
