Supreme Court
Governor Greg Abbott (R-AZ) is taking direct aim at what he calls birth tourism fraud, signing an executive order Tuesday directing multiple state agencies to investigate and crack down on healthcare providers who facilitate the practice.
"Individuals are traveling to the U.S. illegally to give birth and secure citizenship for their child. That's fraud," Abbott wrote. "U.S. citizenship is not for sale."
For background, birth tourism refers to the practice of traveling to the United States specifically to give birth, with the goal of securing automatic citizenship for the child under the 14th Amendment.
Abbott's executive order directs six state agencies, including the Texas Health and Human Services Commission, the Texas Medical Board, the Texas Board of Nursing, and the Texas Department of Licensing and Regulation, to investigate claims of birth tourism schemes operating within Texas' healthcare industry.
Enforcement actions outlined in the order are strict, as providers found to be facilitating birth tourism could face license revocations or suspensions, bans from participating in state contracts, denial of state benefits, and other penalties under state law.
Therefore, state agencies are also authorized, with the governor's approval, to partner with federal prosecutors and share information about potential violations of federal law.
The order builds on an investigation Abbott launched earlier this month, initially targeting Mission Regional Medical Center in the Rio Grande Valley after he claimed the facility had advertised services inviting foreign travelers to give birth in Texas.
The medical center denied wrongdoing, saying it was sharing information about healthcare services like hospitals across the country do, and noted that the marketing materials in question are no longer in use.
The broader context matters here, with the U.S. Supreme Court ruling recently that birthright citizenship is guaranteed by the 14th Amendment, striking down President Donald Trump's executive order that sought to limit it.
The Court's decision means that children born in the United States are automatically citizens regardless of their parents' immigration status, a right that has been part of American law since the Civil War era.
Legal experts say changing that policy would require a constitutional amendment, a process that is extraordinarily difficult.
Abbott's executive order doesn't challenge birthright citizenship itself, but instead targets what he describes as fraudulent schemes designed to exploit it.
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