The latest crackdown on so-called “birth tourism” is unfolding in the state of Texas. That’s where Governor Greg Abbott just issued an executive order, directing six health-focused state agencies to investigate schemes with the purported purpose of helping non-citizens travel to the United States and giving birth to secure U-S citizenship for their child. State agencies listed in the executive order include:
- Texas Health & Human Services Commission (HHSC)
- Department of State Health Services
- HHSC Office of Inspector General
- Texas Medical Board
- Texas Board of Nursing
- Texas Department of Licensing & Regulation
As Houston Public Media reports, the governor’s move is seen as a response to the June 30 U.S. Supreme Court ruling upholding birthright citizenship. It followed President Trump’s executive order at the center of the case on Jan. 20, 2025, shortly after he was sworn into office for a second term.
In fact, during Trump’s first term, a federal regulation was implemented in 2020 that prohibits using temporary tourist and business visas for the primary purpose of obtaining U.S. citizenship for a newborn. And Gov. Abbott’s order follows his July 7 directive for the Texas Health and Human Services Commission (HHSC) to launch an investigation of the Mission Regional Medical Center.
The center allegedly targets foreign nationals with “birth packages” to profit from birth tourism,” according to Abbott. Mission Regional Medical Center released a statement saying, in part:
We do not support or facilitate any unlawful activity and work to comply with all applicable federal and state laws and regulations. The marketing materials regarding maternity services are no longer in use due to any unintended misunderstanding.
Speaking about Gov. Abbott's executive order, Kate Lincoln-Goldfinch, an Austin-based immigration attorney said, "I think ultimately this is the behavior of a sore loser, someone like Greg Abbott who's unhappy with the ruling of the Supreme Court, which upheld the 14th Amendment of the Constitution and birthright citizenship, and now the state is looking for other ways to enforce something that is entirely legal.
Lincoln-Goldfinch worries the order could make hospitals wary of treating pregnant immigrants, endangering the lives of mothers and children alike.”
Yet critics can’t help but point out just how rare birth tourism is in this country compared to how much attention and money is spent combatting it. The CDC reported 9,576 babies were born in 2024 through birth tourism. Other organizations puts the number far high. According to both the Center for Immigration Studies (CIS) and the Migration Policy Institute (MPI), the most expansive census-based estimate puts birth tourism at 22,000 to 26,000 babies born annually on U.S. soil. But out of the 3.6 million babies born in the United States every year, birth tourism accounts for just 0.3 to 0.7% of that total.
Critics suggest that birth tourism receives such outsized time, money and attention relative to its occurrence because it is a potent "wedge issue" this election cycle; while not critical in and of itself, birth tourism nonetheless polarizes voters, serving to agitate the electorate.
According to MPI, the issue clearly helped fuel the Trump administration’s push to end the constitutional guarantee of birthright citizenship, by diluting its support. Consider, for one, the Reuters/Ipsos birthright citizenship poll that showed 64% opposing ending it as the High Court weighed Trump v. Barbara from April 15-20. Yet, by the day of the ruling on June 30, American support had slid to 55%.
Most of the illegal birth tourism cases in Texas involve businesses committing visa fraud. But cases may also include aggravated identity theft, money laundering, wire fraud and health fraud. That’s according to a statement from the U.S. Department of Justice (DOJ).
