Now at least one Texas state lawmaker is encouraging state officials to consider another plan.
The Supreme Court upheld birthright citizenship in a 6-3 decision on June 30, striking down an executive order by President Donald Trump that sought to deny automatic citizenship to children born in the U.S. to undocumented or temporarily present parents.
The Court ruled that children born to parents "unlawfully or temporarily present" are "subject to the jurisdiction" of the U.S. and are citizens at birth.
The decision relies on the Citizenship Clause of the 14th Amendment and reaffirms the precedent set by the 1898 case United States v. Wong Kim Ark.
But the decision ignores modern-day realities like "birth tourism," the practice of traveling to the U.S. specifically to give birth, thereby ensuring the newborn automatically acquires citizenship that would allow the child to obtain a powerful passport granting access to better education, healthcare, and global mobility.
It would also guarantee the child the right to vote and the right to run for elected office if other parameters are met. Those could be key considerations for birth tourism parents with dubious intentions.
Rep. Brian Harrison, a Republican from Midlothian, Texas, wants his state to strike back.
He's calling for the Texas Legislature to prohibit the issuance of birth certificates when the parents are not U.S. citizens. He argues that because birth certificates are state documents, Texas has the sovereignty to control their distribution, even if the child is constitutionally a U.S. citizen.
This proposal is part of a broader package aimed at cracking down on birth tourism.
"Actually, there are a lot of tools at our disposal," Harrison said on American Family Radio Wednesday.
Mission Regional Medical Center, which serves the border city of Mission, Texas, has made birth tourism quite topical in the state these days.
The hospital has placed Spanish-language billboards near the border encouraging noncitizens to cross the border to have their babies.
The ads promote all-inclusive maternity packages starting at $3,950 for a natural birth and $5,525 for a C-section, TexasBorderBusiness.com reports.
Interested mothers are asked to call a provided phone number or visit a website.
"The states, according to our founders, were supposed to be the sovereigns. The states created the federal government, not the other way around," Harrison told show host Jenna Ellis.
"I'm sick and tired of states, especially red states like Texas, sitting around twiddling our thumbs, acting like we're powerless bystanders when actions come down from Washington, D.C. that quite literally have the potential to destroy the very fabric of our republic," he said.
Texas Gov. Greg Abbott has instructed his state’s Health and Human Services Commission, which regulates Mission Regional Medical Center, to immediately investigate whether the hospital has violated state law or contractual obligations.
"American citizenship is not for sale, and Texas will not permit our healthcare system to be used as a magnet for birth tourism," Abbott wrote to HHSC Commissioner Stephanie Muth.
In addition to his birth certificate push, Harrison proposes expanding Texas law to aggressively target the infrastructure of birth tourism.
This could be done by:
-- Making it a felony to operate, manage or participate in any form of birth tourism business within the Texas borders.
-- Classifying entering Texas specifically for the purpose of birth tourism as a distinct criminal offense, separate from federal immigration violations.
-- Granting Texas Attorney General Ken Paxton explicit statutory authority to investigate and prosecute birth tourism schemes, allowing the state to act independently of federal enforcement priorities.
Chip Roy, a U.S. House member from Texas, is on board.
"Texas should do this — and more," he wrote on X.
State must act now
Abbott says he'll work with the legislature in the next session, which begins Jan. 12, to strengthen state laws and "eliminate" birth tourism in Texas.
In Harrison's opinion, that's not soon enough.
"I'm calling for the governor to bring us back immediately for a special session so that we can act, not just issue strongly worded tweets and press releases," Harrison said. "Texas wants action, not rhetoric. We should have a special session right now."
Even without a special session, Muth has the authority to regulate birth certificates immediately, Harrison noted.
"That's the absolute least that our voters could expect us to do," he said. "The Texas government, of all states quite frankly, should be leading. We need to step up and do more than just speak. We need to act, and we need to act boldly."
