Texas Sues Houston Birth Tourism Center Alleging Illegal Citizenship Scheme

3 min readSources: Courthouse News

Texas AG Ken Paxton filed a civil suit against De'Ai Postpartum Care Center for allegedly running an illegal birth tourism operation.

Why it matters: The case tests the limits of state enforcement in birthright citizenship and immigration services, as the Supreme Court reviews United States v. Wong Kim Ark’s application to modern immigration. In-house counsel, immigration attorneys, and compliance teams should note the state’s asserted legal grounds—potentially influencing future litigation or administrative oversight.

  • Paxton’s lawsuit, filed April 29, 2026, accuses De'Ai Postpartum Care Center of orchestrating illegal birth tourism schemes for Chinese nationals.
  • The center is alleged to have enabled over 1,000 births by foreign nationals, operating across four Houston-area cities for nearly two decades.
  • Court filings cite violations of the Texas Penal Code and Texas Deceptive Trade Practices Act, and seek to close the business and impose financial penalties.
  • De'Ai Postpartum promoted services on platforms like WeChat and TikTok, allegedly coaching clients on circumventing federal immigration review.

Texas Attorney General Ken Paxton filed a civil lawsuit in Harris County District Court on April 29, 2026, targeting De'Ai Postpartum Care Center and its owners. The suit alleges that the company orchestrated a long-running 'birth tourism' business enabling Chinese nationals to give birth in the U.S. for citizenship advantages.

  • According to the complaint, De'Ai Postpartum advertised to international clients on social media and provided guidance on avoiding scrutiny by U.S. Customs and Border Protection, such as suggested timing for visa applications.
  • The business, which has operated locations in Houston, Sugar Land, Richmond, and Rosenberg, is said to have housed and assisted expectant mothers, with up to 20 births a day and at least 1,000 over the past 20 years.
  • The civil complaint asserts violations of the Texas Penal Code and the Texas Deceptive Trade Practices Act, seeking a court order to shutter the center and impose monetary penalties.

The suit underscores a national debate over birthright citizenship’s limits as addressed in United States v. Wong Kim Ark. The Supreme Court's upcoming consideration in Doe v. United States (No. 26-145) could clarify who qualifies for birthright citizenship.

Former President Donald Trump issued an executive order in 2019 seeking to restrict birthright citizenship, adding context to current legal and policy maneuvers.

Paxton stated, "Birthright citizenship is a scam that threatens national security, and I will do everything in my power to stop unlawful 'birth tourism' schemes like this one." (official press release)

As of publication, De'Ai Postpartum had not issued a public statement. Legal representation for the center has not responded to press inquiries. Independent analysis from Law360 highlights the growing national scrutiny of such operations.

By the numbers:

  • 1,000+ births — Alleged number facilitated by De'Ai Postpartum over 20 years
  • Four cities — Houston-area locations reportedly operated by the center
  • 20 — Number of births per day handled during peak periods, per complaint

Yes, but: Legal experts caution that state efforts may have limited impact without federal immigration law reform. The doctrine of birthright citizenship remains constitutionally protected until clarified by the Supreme Court.

What's next: The Supreme Court docket for Doe v. United States (No. 26-145) is expected to be argued in fall 2026, potentially influencing state and federal approaches to birth tourism.