Gov. Greg Abbott is widening Texas' crackdown on alleged "birth tourism," signing an executive order Tuesday that directs multiple state agencies to investigate healthcare providers accused of helping foreign nationals travel to Texas to give birth in order to obtain U.S. citizenship for their children.
The move builds on an investigation Abbott launched earlier this month and comes as birthright citizenship, surrogacy, and immigration enforcement continue to dominate political discussions in Texas.
Birth tourism generally refers to foreign nationals traveling to the United States to give birth so their child will automatically receive U.S. citizenship under the 14th Amendment. While giving birth in the United States is not illegal, Abbott has argued that businesses or providers that market or facilitate the practice are exploiting the nation's immigration laws and should face consequences if they violate state law.
In early July, Abbott asked the Texas Health and Human Services Commission (HHSC) to investigate Mission Regional Medical Center in the Rio Grande Valley after allegations that the hospital was promoting "birth tourism" by advertising South Texas birth packages in Mexico. He also directed HHSC to refer any legal violations it found to the Texas Office of the Attorney General.
Within a week, HHSC referred multiple allegations involving healthcare providers accused of promoting birth tourism to the attorney general's office.
Now Abbott wants other state agencies involved as well.
His executive order directs the Texas Medical Board, the Texas Board of Nursing, the Texas Department of State Health Services, and the Texas Department of Licensing and Regulation to investigate allegations within their authority and take action if they uncover violations.
That could include suspending or revoking professional licenses, blocking providers from participating in state contracts, denying state benefits, or pursuing other disciplinary measures allowed under state law.
Abbott also instructed the agencies to work with federal prosecutors to "identify and combat" alleged birth tourism operations, subject to his approval.
When announcing the order, Abbott said Texas would not allow people to take advantage of the country's immigration laws.
"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."
He said the state intends to go after those who facilitate the practice.
"This executive order directs state agencies to investigate birth tourism schemes and hold accountable any provider that facilitates this fraud. U.S. citizenship is not for sale, and Texas will put a stop to individuals seeking to profit from birth tourism."
The governor's order arrives at a time when birthright citizenship has become one of the biggest immigration debates in the country.
Abbott pointed to a recent U.S. Supreme Court decision that kept birthright citizenship in place for children born in the United States to illegal immigrants and foreign nationals visiting the country under the 14th Amendment. The ruling struck down an executive order issued by President Donald Trump that sought to end the practice.
While the court's decision settled that legal question for now, it has also fueled renewed efforts by some state leaders to focus on businesses and organizations they believe are encouraging birth tourism. Abbott's latest executive order reflects that shift, emphasizing enforcement against those who allegedly profit from the practice rather than challenging birthright citizenship itself.
The issue is also gaining attention at the Texas Capitol.
The same week Abbott requested the HHSC investigation, the Texas Senate Committee on Health and Human Services held an interim hearing examining how surrogacy may intersect with alleged birth tourism.
The hearing was prompted by an interim charge from Lt. Gov. Dan Patrick directing lawmakers to study what he called the "unethical and foreign interests exploiting the surrogacy and fertility industries in Texas."
That charge is widely viewed as a sign that the Legislature could take up the issue when lawmakers return to Austin for the 90th Legislative Session in January 2027. Lawmakers are expected to examine whether current regulations governing surrogacy, fertility clinics, and healthcare providers are sufficient or whether additional oversight is needed.
Abbott's executive order doesn't create new laws, but it does put additional pressure on state regulators to use the authority they already have. Instead of relying on a single agency, Texas is now bringing licensing boards, healthcare regulators, and state investigators together to look for potential violations.
Whether those investigations uncover widespread abuse remains to be seen. What is clear is that the governor is signaling this issue isn't going away. The findings from state investigators could shape future legislation, provide the basis for disciplinary action against healthcare providers, and add momentum to what is already expected to be one of the more closely watched immigration debates when lawmakers convene in Austin next January.
