Abbott Orders State Agencies To Investigate Birth Tourism Schemes

New executive order broadens Texas' crackdown by directing six state agencies to investigate and enforce laws against unlawful birth tourism schemes.

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Gov. Greg Abbott has ordered multiple state agencies to investigate healthcare providers accused of facilitating unlawful birth tourism, expanding the state’s enforcement efforts through a new executive order.

Tuesday’s executive order directs 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 claims of birth tourism within Texas’ healthcare industry. 

It authorizes those agencies to take enforcement action against any licensed or regulated individual or entity found to be advertising, soliciting, engaging in or otherwise participating in unlawful birth tourism schemes, or assisting with or providing such services. Potential penalties include license suspension or revocation, disqualification from state contracts, denial of state benefits, and other enforcement actions permitted under state law. 

State agencies are also authorized to coordinate with federal prosecutors by sharing information and referring potential violations of federal law for investigation. 

“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,” Abbott said in a statement announcing the order.

“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 executive order builds on actions the governor has taken in recent weeks targeting birth tourism operations in Texas.

Earlier this month, Abbott directed HHSC to investigate reports that Texas hospitals were advertising birth tourism packages to prospective clients in Mexico. HHSC subsequently referred two South Texas hospitals to Attorney General Ken Paxton over allegations that they promoted fixed-price “birth packages” to foreign nationals.

The order also references Paxton’s recent lawsuit against a Houston-area birth tourism business accused of facilitating birth tourism for more than 1,000 foreign nationals and coaching customers to deceive federal immigration officials about the purpose of their travel to the United States. 

Under the executive order, Texans with information regarding suspected birth tourism schemes are encouraged to report it to the HHSC Office of Inspector General, while state agencies are instructed to pursue coordinated enforcement against providers found to be facilitating the practice.