Texas Attorney General Ken Paxton announced a lawsuit Wednesday against the De'Ai Postpartum Care Center in Houston, accusing the facility of "exploiting birthright citizenship by unlawfully facilitating the invasion of Chinese nationals" for the purpose of obtaining U.S. citizenship for their children through birth on American soil.

The center allegedly facilitated approximately 1,000 births over nearly two decades and operates at least four residential homes capable of hosting multiple families simultaneously, according to the lawsuit. The complaint states the facility can facilitate "up to twenty new births per day."

The legal action comes as the Supreme Court considers President Donald Trump's executive order, signed on the first day of his second term, attempting to end automatic birthright citizenship for children born in the United States to parents who are not lawful permanent residents. That order has been paused pending litigation and was argued before the high court on April 1.

What the Left Is Saying

Civil liberties groups and immigration advocates have raised concerns about the constitutionality of targeting birth tourism operations, arguing that the practice, while ethically contested by some, does not violate existing law under current interpretations of the 14th Amendment.

"The 14th Amendment is clear: All persons born or naturalized in the United States are citizens," said a spokesperson for the American Civil Liberties Union in a statement. "Any attempt to strip citizenship from children based on their parents' immigration status would be unconstitutional."

Some progressive commentators have noted that birth tourism involves people who enter legally on tourist visas and argue that cracking down on such operations represents an expansion of government power over legal immigration pathways.

What the Right Is Saying

Republican officials broadly support the Texas lawsuit, with supporters arguing it addresses a perceived loophole exploited by foreign nationals seeking to circumvent immigration laws.

"America is for Americans, not foreigners trying to cheat the system to claim citizenship," Paxton said in announcing the suit. "Birthright citizenship is a scam that threatens national security."

Senator Rand Paul of Kentucky introduced a constitutional amendment Thursday to end automatic birthright citizenship, stating: "Under current interpretations of American law, anyone born on American soil automatically becomes a U.S. citizen, regardless of whether the parent was here legally or not. This is wrong and not at all the intent of those who wrote the 14th Amendment."

Trump posted on Truth Social following Supreme Court oral arguments: "We are the only Country in the World STUPID enough to allow 'Birthright' Citizenship!"

What the Numbers Show

The De'Ai Postpartum Care Center allegedly facilitated approximately 1,000 births over its reported nearly two-decade operation in Houston.

The lawsuit states the facility can accommodate up to twenty new births per day across its four residential properties.

According to census data and Pew Research estimates, roughly 330,000 children are born to undocumented immigrants annually in the United States, representing approximately 7% of all U.S. births each year.

The Supreme Court's decision on Trump's executive order is expected by June 2026. Lower courts have issued injunctions blocking the order from taking effect.

The Bottom Line

The Texas lawsuit targets a specific facility while setting the groundwork for broader legal battles over birthright citizenship. The De'Ai center's TikTok promotional video, which advised women to apply for tourist visas "before pregnancy" and noted that "the federal government will strictly investigate birth tourism," provides documented evidence cited in the complaint.

The case intersects with multiple ongoing legal challenges: the Supreme Court is weighing Trump's executive order on birthright citizenship, while Senator Paul's proposed constitutional amendment would require two-thirds majorities in both chambers and ratification by three-quarters of states to become law. Constitutional scholars note such an amendment would represent a significant departure from 150 years of interpretation following the Civil War-era 14th Amendment.

What happens next: Watch for the center's response to the lawsuit, any developments in Supreme Court deliberations on birthright citizenship, and whether other states pursue similar legal actions against birth tourism facilities.