Judge: Texas Can Deny Birth Certificates To Kids Of Undocumented Moms

In this Wednesday, Sept. 16, 2015 photo in Sullivan City, Texas, a woman who is in the country illegally shows the footprints of her daughter who was born in the in the United State but was denied a birth certificate... In this Wednesday, Sept. 16, 2015 photo in Sullivan City, Texas, a woman who is in the country illegally shows the footprints of her daughter who was born in the in the United State but was denied a birth certificate. Lawyers for immigrant families denied birth certificates for their U.S.-born children by Texas health officials who refuse to recognize as valid certain forms of identification will argue for a federal judge to intervene against the state. (AP Photo/Eric Gay) MORE LESS

A federal judge issued a temporary order Friday allowing Texas to continue rejecting an ID commonly used by undocumented immigrants when seeking birth certificates for their U.S.-born children, NPR reported over the weekend.

According to the order, Texas can maintain its policy of refusing to accept matriculas — a form of IDs issued from Mexican consulates that are popular among undocumented immigrants — as the case proceeds. However, the judge — Austin-based District Judge Robert Pitman — said he was “troubled” by the fact that children of undocumented immigrants were not being issued a birth certificate, as “a birth certificate is a vital and important document” and the challengers had raised “grave concerns.”

The Texas policy of refusing matriculas dates back to 2008, officials say. However, the undocumented parents who brought the suit say the state only cracked down on the ID policy in recent years. They claim that not being able to obtain birth certificates for their children has made their kids second-class citizens, as it is required for everything from baptisms to school enrollment.

The parents are suing the state on the basis of the 14th Amendment’s birthright citizenship guarantee, the equal protection clause of the Constitution, and the Supremacy Clause, which says federal law on immigration and citizenship trumps state policy.

The state has cited security concerns with accepting matriculas. But Mexico, in a friend of the court brief supporting the undocumented parents, argued the ID cards issued by consulates are even more secure than the other IDs accepted for birth certificates.

Nevertheless, the judge said that “Texas has a clear interest in protecting access” to birth certificates and that challengers had so far not presented evidence that the state was acting “improperly” in excluding the matriculas:

“In summary, although the Plaintiffs have provided evidence which raises grave concerns regarding the treatment of citizen children born to immigrant parents,” the judge ruled, “this case requires additional determinations which can be made only upon development and presentation of an evidentiary record which thoroughly explores the facts and circumstances of the issues raised in this case.”

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  1. So children born in Texas hospitals to Texas doctors can be considered non-persons? How did the “party of life” come to that conclusion?

  2. Because the “party of life” refers to White lives. The Black and brown ones remain non-persons.

  3. Avatar for imkmu3 imkmu3 says:

    Only American children are people! Illegals are illegal hence there illegal spawn are illegal un-persons and are to be considered illegal!

    Of course before it’s born it’s absolutely a living baby with all rights of a person…unless it’s an illegal fetus than…uh…the mothers shouldn’t have chosen to be Mesican and illegal!

  4. This is beyond outrageous. Why is it that, up to 2008, matriculas were always accepted but since then, “Texas has a clear interest in protecting access” to birth certificates?? Why? Why does Texas has an interest in protecting access to birth certificates? Too many Texans or too many brown, potentially Democratic Texans?

  5. Avatar for leeks leeks says:

    It might be that the Judge is really trying to protect the child. No child should have to go through life with the burden of having been born in Texas weighing them down.

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