Texas is investigating hospitals over ads for pregnant foreign women. Here’s why
State officials are investigating two South Texas hospitals over allegations that they advertised maternity services to pregnant foreign nationals.
The investigation is part of a broader crackdown on what’s known as birth tourism, the practice of traveling to another country, so a child is born there.
As state leaders step up enforcement, many Texans may be wondering what birth tourism is, whether it’s legal and if it’s common.
Here’s what to know.
Is birth tourism illegal?
Traveling to the United States to give birth is not illegal by itself. Some parents do so because children born on U.S. soil are generally granted U.S. citizenship under the 14th Amendment, regardless of their parents’ immigration status.
The legal issues begin when someone uses fraud or deception to make the trip happen.
For example, the U.S. Department of State says people can’t get a visitor visa if their main reason for traveling to the United States is to give birth, so their child can receive U.S. citizenship.
If someone hides that purpose or lies about why they are traveling, they could be denied a visa or face other immigration consequences.
Businesses that help travelers conceal the true purpose of their trips can also face legal action.
Why is Texas investigating hospitals?
According to the Texas Health and Human Services Commission, investigators reviewed social media accounts, a website and a billboard in Latin America that advertised maternity packages at South Texas hospitals to foreign nationals.
The materials prompted an investigation into whether Mission Regional Medical Center and Knapp Medical Center violated state or federal law.
Announcing the investigation, Gov. Greg Abbott said “American citizenship is not for sale and Texas will not permit our healthcare system to be used as a magnet for birth tourism,” in a press release. “Thousands of foreign travelers come to the United States under false pretenses to give birth and secure citizenship for their children,” he said.
The investigation also follows a lawsuit Attorney General Ken Paxton filed against a Houston-area postpartum care center.
The lawsuit alleges the business coached Chinese nationals to hide that they were traveling to the United States primarily to give birth and evade immigration laws when applying for visas.
How common is birth tourism in the United States?
No federal agency tracks the practice, so researchers have relied on estimates.
A recent Penn State research brief estimated that between 5,000 and just under 10,000 babies are born each year to women who traveled to the U.S. primarily to give birth, accounting for about 0.3% of all U.S. births each year.
The Migration Policy Institute said available federal data can only provide rough estimates because records showing births to parents with foreign addresses also include women who may not have intended to give birth while visiting the U.S.
Researchers also found that some common assumptions about birth tourism don’t always match the available data.
