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Full Breakdown

Birth Tourism Crackdown Gains Momentum in Congress and Texas

7/23/2026, 2:47:59 AM

Background & Context

In a 6-3 decision released late last month, the U.S. Supreme Court reaffirmed that the Citizenship Clause of the 14th Amendment guarantees citizenship to anyone born on U.S. soil, regardless of immigration status. The ruling rejected President Donald J. Trump’s attempt to limit birthright citizenship and revived concerns among lawmakers that “birth tourism” enables foreign nationals to obtain U.S. citizenship for their children.

Legislative Initiative in Congress

Rep. Randy Fine, R-Fla., introduced a House bill creating criminal penalties for non-citizens who travel to the United States solely to give birth. The proposal calls for prison terms of 10 to 25 years for adults who are not U.S. citizens or lawful permanent residents and who either travel for the purpose of childbirth or facilitate such travel. A federal judge would be required to issue a deportation order against the parents, making it harder for the child to remain in the country.

Texas Executive Order

Governor Greg Abbott signed an executive order directing six state agencies—the Texas Health and Human Services Commission, the Department of State Health Services, the HHSC Office of Inspector General, the Texas Medical Board, the Texas Board of Nursing, and the Texas Department of Licensing and Regulation—to investigate and eliminate unlawful birth-tourism schemes. The order authorizes enforcement actions that include revoking or suspending professional licenses, prohibiting participation in state contracts, denying state benefits, and sharing information with federal prosecutors.

On July 7, Abbott directed the Health and Human Services Commission to begin investigations of Texas hospitals that advertised “birth packages” to foreign nationals, referring two facilities to the state attorney general. One hospital, Mission Regional Medical Center in the Rio Grande Valley, had advertised services in Spanish billboards, with prices reported at $3,950 for a natural birth and $5,525 for a C-section. The hospital later said the marketing materials were no longer in use.

Data & Statistics

  • A Reuters/Ipsos poll conducted in June found 55 % of respondents opposed ending birthright citizenship, while 41 % supported it.
  • The Migration Policy Institute estimates that 0.7 % of all U.S. births may be attributable to birth-tourism, indicating the practice is relatively rare.

Official Statements & Responses

Governor Abbott emphasized that Texas will not tolerate the exploitation of immigration laws and framed citizenship as “not for sale.” Rep. Fine echoed the need to make birth-tourism “extremely unpleasant.”

Conflicting Reports & Gaps

Federal agencies do not maintain a comprehensive data set measuring how many foreign-national women enter the United States primarily to give birth. Available figures suggest that births to women from China represent a “minute share” of U.S. births, but precise national statistics on birth-tourism remain unavailable.

Verbatim Quotes

  • “Texas will not tolerate the exploitation of our immigration laws by individuals traveling to the United States illegally or under false pretenses to give birth and secure citizenship for their child,” — Gov. Greg Abbott
  • “What we need to do to work around this situation is make it extremely unpleasant for people to come to the United States to create an anchor baby,” — Rep. Randy Fine