State Rep. Brian Harrison speaks during a Republican election night watch party at Gaylord Texan Resort and Convention Center, Tuesday, Nov. 5, 2024, in Grapevine.
Chitose Suzuki/Staff Photographer
AUSTIN – Texas should stop issuing birth certificates when the baby’s parents aren’t citizens, some Texas Republicans said in the wake of this week’s Supreme Court ruling affirming automatic citizenship for anyone born in the United States.
Bo French, the GOP candidate for the agency that regulates the state’s oil and gas industry, was the first statewide Republican to call for such an action shortly after the Supreme Court declared President Donald Trump’s executive order limiting birthright citizenship unconstitutional.
“The correct response to the traitorous decision today on anchor babies is nullification,” French said on social media while using a derogatory term for children of non-citizens. “Texas is sovereign. If I have anything to say about it, Texas will not recognize them as citizens.”
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Houston Rep. Gene Wu, the House Democratic caucus chair, blasted the idea from Republicans and said that the U.S. Constitution isn’t a suggestion.
“Sore losers don’t get to override the supreme law of the land just because they don’t like the outcome,” Wu said.
French’s proposal gathered a bit more momentum on Wednesday and reflects a continued push by GOP immigration hardliners to find ways to clamp down on immigration during the second Trump administration.
On Wednesday, state Rep. Brian Harrison, R-Midlothian, called for Gov. Greg Abbott to start a special session to stop “birth tourism” in the state, including not issuing birth certificates to children of people who are not U.S. citizens.
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“We’ve got to stop doing anything to incentivize birth tourism,” Harrison said. “There’s no requirement that the state of Texas must issue birth certificates to non-citizens.”
U.S. GOP Rep. Chip Roy of Austin and Republican activists threw their support behind Harrison’s call.
It’s unclear if such proposals would materialize into a new law in next year’s legislative session. After the loss at the Supreme Court, Trump called on Congress to limit birthright citizenship.
Texas Republicans in Congress immediately responded to Trump’s request, backing a measure that restricts who is eligible to be a U.S. citizen.
Trump’s post on Truth Social did not single out states to take any action. The White House did not respond to an email seeking comment.
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On Tuesday, Abbott called on Congress to pass a measure restricting birthright citizenship. His office did not directly respond when asked Wednesday if the governor would support an effort by the Texas Legislature to deny birth certificates to children of non-citizens.
“The Governor fully supports congressional action to restore the original intent of the 14th Amendment and will work with the Legislature to further secure our borders and enforce immigration laws,” said Abbott spokesman Andrew Mahaleris.
Trump signed the executive order narrowing birthright citizenship on the first day of his second term, as his administration implemented sweeping immigration policy proposals and began its mass deportation campaign.
Chief Justice John Roberts authored Tuesday’s majority opinion in the case and wrote that the 14th Amendment of the Constitution guaranteed citizenship to children of undocumented migrants and people who are living in the country temporarily.
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“They satisfy both elements of the Citizenship Clause: they are “‘born . . . in the United States’” and “‘subject to the jurisdiction thereof,’” Roberts wrote. “Under the Constitution, they are citizens at birth.”