Texas State Rep. Brian Harrison has called on Gov. Greg Abbott to convene a special legislative session to address birthright citizenship, urging the state to stop issuing birth certificates to children born in Texas to non-citizens.
Harrison appealed following recent legal developments surrounding President Donald Trump’s executive order seeking to end automatic birthright citizenship for children born to undocumented immigrants and certain temporary visa holders. While the U.S. Supreme Court recently limited the use of nationwide injunctions, it did not rule on the constitutionality of Trump’s order, leaving the broader legal battle unresolved.
Speaking in an interview, Harrison sharply criticized both the federal judiciary and Texas leaders, saying the state should take a more aggressive approach.
“I’m sick and tired of the Texas government and the leadership down here, the weak leadership taking it on the chin when destructive edicts come rolling down from Washington, D.C.,” Harrison said.
He argued that Texas possesses constitutional authority to take independent action rather than waiting for the outcome of federal litigation.
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According to Harrison, state-issued birth certificates are not federally mandated documents but are issued under state authority using taxpayer funds. He contended that Texas Health and Human Services Commission (HHSC) has the legal authority to determine who is “properly qualified” to receive a birth certificate.
“There is nothing in the U.S. Constitution that requires the State of Texas to facilitate illegal immigration by issuing birth certificates to the children of illegal aliens and of non-citizens,” Harrison said.
The Republican lawmaker urged the executive branch to act immediately without waiting for legislative approval.
“I officially called for the executive branch, who has the power to do this unilaterally, to stop giving birth certificates to illegal aliens. Stop giving birth certificates to non-citizens.”
Harrison also criticized what he described as a lack of resolve among Texas leaders, saying “Texas deserves more than just firmly worded letters and tweets of disappointment.”
He added that if the issue ultimately reaches the Supreme Court, Texas should be prepared to defend its position.
“We need action, and the State of Texas has a lot of tools available to us under the Constitution,” Harrison said. “We need to start fighting as hard for the future of our state and country as the left is. Texas has a lot of tools available to us. We just need the courage to do it.”
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The proposal would almost certainly face immediate legal challenges. Under current practice, birth certificates are issued by states to record births regardless of the immigration status of the parents. Legal scholars have long argued that citizenship itself is determined under the Fourteenth Amendment and federal law, while birth certificates serve as vital records rather than citizenship documents.
Harrison’s comments come as immigration and birthright citizenship remain central issues in national political debate. Trump’s executive order, signed shortly after returning to office, seeks to deny automatic U.S. citizenship to certain children born in the United States. Multiple lawsuits challenging the order remain pending in federal courts.
Support for Harrison’s proposal has begun to emerge among other Texas Republicans. State Rep. David Lowe also publicly called on Texas HHSC to stop issuing birth certificates to non-citizens, adding momentum to the push for state-level action.
It remains unclear whether Abbott intends to call a special legislative session on the issue or whether Texas officials would pursue administrative changes before federal courts resolve the ongoing constitutional challenges.