In a decisive move, Texas Governor Greg Abbott has signed an executive order targeting the practice of birth tourism. This action comes on the heels of the U.S. Supreme Court’s recent ruling that upheld birthright citizenship despite previous attempts by former President Donald Trump to restrict it.
The order mandates six state agencies to probe schemes that facilitate non-citizens entering the U.S. under false pretenses to give birth and secure citizenship for their children. Governor abbott emphasized the state’s stance, stating, “U.S. citizenship is not for sale, and Texas will put a stop to individuals seeking to profit from birth tourism.“
Understanding the Scope of Birth Tourism
The Migration Policy Institute estimates that fewer than 30,000 babies are born annually to tourist mothers in the U.S., out of over 3.5 million total births. Julia Gelatt, associate director of the U.S. program at the institute, clarified that current laws do not prohibit pregnant women from traveling to the U.S. as tourists. She cited an example of a World Cup team member born in the U.S. due to travel restrictions imposed on the mother.
The Fourteenth Amendment of the U.S. Constitution guarantees citizenship to anyone born in the United States, regardless of their parents’ legal status. The Supreme Court’s final decision of the 2026-2026 term reaffirmed this right, dismissing Trump’s efforts to limit birthright citizenship.
Legal and Ethical Concerns
Austin-based immigration attorney Kate Lincoln-Goldfinch criticized the order, suggesting it stems from dissatisfaction with the Supreme Court’s ruling. She expressed concerns that the order could deter hospitals from treating pregnant immigrants, potentially endangering both mothers and children. “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,” she remarked.
Houston-based immigration attorney Gordon Quan echoed these concerns, highlighting the ethical implications for medical practitioners. He stressed the importance of ensuring safe deliveries for all mothers, regardless of their legal status. “You want to make sure that mothers have an opportunity for safe delivery, no matter what their status is, whether they be legal or undocumented.“
The executive order has ignited a debate about the balance between enforcing immigration laws and upholding the rights guaranteed by the Constitution. As Texas moves forward with its crackdown, the legal and ethical ramifications continue to unfold.
