Texas Lt. Gov. Patrick to Newsmax: State Will Thwart Birth Tourism

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Texas Lt. Gov. Dan Patrick told Newsmax Friday that state officials intend to shut down South Texas hospitals found to be marketing childbirth services to foreign nationals seeking U.S. citizenship for their children.

Patrick, speaking on "Rob Schmitt Tonight," said the effort is intended as a response to the Supreme Court's recent birthright citizenship ruling. He said the Texas Senate also is pursuing a separate effort targeting what he described as a foreign-national commercial surrogacy pipeline.

The Texas Senate Committee on Health and Human Services heard testimony Wednesday on foreign clients contracting with Texas surrogates as part of an interim charge — a legislative study directive — Patrick issued earlier this year.

"We'll shut them down. I don't want to regulate them. I just want to shut them down," Patrick said of hospitals engaged in birth tourism.

He credited billboards advertising "birth packages" near the border with focusing public attention.

"It woke up a sleeping giant, quite frankly, and made everyone focus on them," Patrick said.

Gov. Greg Abbott on Tuesday directed the Texas Health and Human Services Commission to investigate Mission Regional Medical Center in the Rio Grande Valley over bilingual billboards advertising flat-rate maternity packages, saying the hospital was promoting birth tourism.

Hospital spokesperson Kathleen Avila said the maternity marketing materials are no longer in use and pledged cooperation with state officials.

Patrick said that of Texas' roughly 400,000 births last year, about 600 involved foreign nationals paying American women to carry their children, a figure Newsmax could not independently verify.

Patrick said the state was pursuing separate efforts targeting surrogacy arrangements involving foreign nationals and hospitals he accused of marketing maternity services to foreign nationals, adding that both would face state action.

Patrick focused much of his criticism on the Supreme Court's 6-3 decision in Trump v. Barbara, which invalidated President Donald Trump's executive order denying citizenship to certain U.S.-born children whose parents are unlawfully or temporarily in the country. The court held that those children are citizens under the 14th Amendment.

Chief Justice John Roberts wrote the majority opinion, joined by Justice Amy Coney Barrett and the court's three liberals.

"A bad decision by Justices Barrett and Roberts, a terrible decision," Patrick said.

"They didn't need to go there. There was plenty of room within the Constitution to stop it."

He argued Democrat-appointed justices would never cross over on a party priority, "but our justices — originalists — try to see it, and they interpret it, but they don't get political about it."

Patrick pointed to the 14th Amendment's adoption after the Civil War as evidence that the ruling misread history.

"It was clear what we were trying to do at the time. It's also clear this is a much different country," he said.

Asked whether Trump could get the court to revisit the case, he demurred, saying he was not a constitutional attorney.

Patrick said the pending Texas Senate work would produce recommendations for the legislative session that begins in January.

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Jim Thomas

Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.

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