A federal judge signed an order on Friday that denied a preliminary injunction in a lawsuit filed by citizens of Mexico and several Central American nations claiming entitlement to birth certificates for their children born in the United States. They sued the Vital Statistics Unit of the Texas Department of State Health Services saying the agency denied them the certificates because they did not possess the required identification. As reported by Breitbart Texas in July, the parent plaintiffs of the 23 children claimed that the state of Texas violated their childrens rights because the Fourteenth Amendment provides that any child born on U.S. soil is an American citizen as well as a citizen of the state where they reside. The plaintiffs and their children reside in Texas. La Union del Pueblo Entero, Inc. (LUPE) is also a plaintiff in the case. LUPE describes itself as a non-profit organization dedicated to promoting the health, education, labor, and civil rights of indigent farm workers and other low-wage workers in the Rio Grande Valley. The illegal immigrants filed a lawsuit in U.S. District Court in Austin in June stating that the birth certificates were being denied because of their immigration status. The plaintiff illegal immigrants argued that, Such refusal is de facto based upon the immigrant status of the Plaintiff parents. In the lawsuit, the parents did not refer to themselves as immigrants, or illegal immigrants. They referred to themselves in their legal capacity as next friend. In the petition filed in federal court in the Western District, the parents cited the Equal Protection Clause and the Supremacy Clause, and alleged that their rights were being violated under these sections. At issue was the form of identification that was being required of parents by the Bureau of Vital Statistics in border communities. They claim that officials in Hidalgo, Cameron, and Starr counties denied them birth certificates that were lawfully theirs and their childrens. In the past, a form of identification called matriculas or matricula consular was accepted for issuance of the birth certificates. As the name suggests, this form of identification is procured from the consulate. The plaintiffs complained that they are now only allowed to show their drivers licenses, or a border identification card, and that visas are required with passports. As noted in the Courts October 16thorder, Texas law provides an extensive list of acceptable forms of identification, including a passport, Form I-94 accompanied by the applicants Visa or Passport, a Mexican voter registration card, or foreign identification with identifiable photo of applicant. A single primary identification document is sufficient to establish identity. Absent these primary forms of identification, an applicant may submit two forms of secondary identification, or one form of secondary identification and two forms of acceptable supporting identification of different types. As reported by Breitbart Texas, the communications spokesman for the Texas Department of State Health Services, Chris Van Deussen, said the state of Texas has never accepted the consulate form of identification. He said matriculas are not reliable because the issuer of the ID does not verify the data or documents that are shown when procuring the identification. The state spokesman said the department must verify that parents are who they claim to be. He said the agency must not only issue birth certificates, but make sure that valid information is provided. The intent is to not facilitate identification theft or other fraud. Van Deussen denied that the ID requirements had anything to do with immigrant status. The parents complain that their children are not able to obtain government benefits, including health insurance and social welfare programs, and that they cannot enroll their children into school or get day care services. The federal court judge concluded in the order on Friday that the plaintiffs have established, at a minimum, that deprivation of a birth certificate results in deprivations of the rights and benefits which inure to them as citizens, as well as deprivations of their right to free exercise of religion by way of baptism, and their right to travel; however, the Court declined to issue a preliminary injunction. The judge found that the illegal immigrant Plaintiffs have presented evidence that the lack of a birth certificate for a Texas-born child presents grave difficulties to a parent seeking to obtain public assistance in providing that child food, shelter and medical care. In addition, Plaintiffs have presented evidence that the lack of a birth certificate makes it impossible for at least some parents to have a child baptized. The Court opined, The Court thus finds Plaintiffs have sufficiently shown a substantial threat of irreparable injury to the Plaintiff children and parents to meet the first element necessary to obtain a preliminary injunction. A preliminary injunction is an extraordinary remedy and the Court noted that to grant a preliminary injunction is the exception, rather than the rule. A party may be granted relief only if they show that they have a substantial likelihood of success on the merits, a substantial threat that failure to grant the injunction will result in irreparable injury, and that the threatened injury out-weighs any damage that the injunction may cause the opposing injury. They must also show that the injunction will not disserve the public interest. Under this standard, the Court declined to give relief to the Plaintiffs at this stage of the legal proceedings. The 27 page federal order stated that Texas had both a clear interest in protecting assess to [birth certificates],and that there are valid concerns about the reliability of the matricula. The Court wrote that the State had provided evidence which substantiates other governmental agencies, including the FBI, the Department of Justice and United States Immigration and Custom Enforcement, [which] have expressed concerns regarding the reliability of the matricula. The Court continued, Plaintiffs have not presented any evidence which suggests Defendants have improperly focused on and excluded the matricula and foreign passport without visa as forms of secondary identification. The Court also concluded that Plaintiffs have failed, at this preliminary stage, to meet their burden of showing a substantial likelihood of success on the merits. In denying relief at this juncture, the Court concluded in its summary that although the Plaintiffs have provided evidence which raises grave concerns regarding the treatment of citizen children born to immigrant parents, 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. The Office of the Texas Attorney General represented the state in the lawsuit. In a statement obtained by Breitbart Texas, Attorney General Ken Paxton said, Todays ruling is an important first step in insuring the integrity of birth certificates and personal identity information. Before issuing any official documents, its important for the state to have a way to accurately verify people are who they say they are through reliable identification mechanisms. We will continue defending DSHSs policy on safeguarding Texans most sensitive information and vital documents. Lana Shadwick is a contributing writer and legal analyst for Breitbart Texas. She has served as a prosecutor and an associate judge in Texas. Follow her on Twitter@LanaShadwick2 October 16, 2015 Order Bureau of Vital Statistics Case
Maybe this is too simple of a thing for a court. If you're born in a hospital located in the United States, you get a Certificate of Live Birth saying that you were born in said hospital at a certain time in a certain place. Because you are a living, breathing human being, that certification also goes to the state, so that said birth can be confirmed and established as a record that also affirms your citizenship. It's really irrelevant who your parents are. What matters is that you emerged from a womb into the world and the place where you did that is the United States. That seems simple enough to me, but apparently it is more complicated than that. In Texas, if you're brown and your parents don't have the right paperwork, you might not get that birth certificate. A federal judge has chosen for now not to force Texas health officials to change their stance in denying birth certificates to immigrant families with U.S- born children, saying that the families raised "grave concerns" but more evidence is needed, according to a ruling issued Friday. U.S. District Judge Robert Pitman in Austin denied an emergency injunction on behalf of immigrant families seeking birth certificates for their children after the Department of State Health Services refused to recognize as valid certain forms of identification. The families' lawyers had asked for the judge to intervene, saying that the children's right to health care, travel, and schooling--along with parental rights--are being harmed. Pitman called the arguments of the families "heartfelt, compelling and persuasive," but said that this was "not enough without substantiating evidence to carry the burden necessary to grant relief," according to the ruling. At issue is the acceptance of identification cards_known as matriculas consulares_issued by Mexican consulates to citizens living and working in the United States. Lawyers for the families contend that prior to 2013 they were able to present these document, as well as foreign passports without U.S. visas in them, and obtain birth certificates in Texas. The judge said in his ruling that attorneys had not shown that health officials had improperly "focused on and excluded" these documents. The judge also questioned the integrity of the information behind the consulate identification cards and passports. "A birth certificate is a vital and important document," he said. "As such, Texas has a clear interest in protecting access to that document." But again, Your Honor, a birth certificate simply certifies that a child has been born in a United States hospital, and under the United States Constitution, that child is entitled to be considered a United States citizen,regardless of that child's parents' origin and citizenship. Why is this so difficult? I imagine the next stop will be the appeals court, and then the United States Supreme Court. Meanwhile, those families have little babies that carry no identity. I'll bet they'd get more compassion from Texas if they were still fetuses. Priorities.
Seattle Times – by Molly Hennessy-Fiske HOUSTON A federal judge ruled Friday that Texas officials can continue to deny U.S. birth certificates to the children of immigrants who cannot supply required identification because they entered the country illegally. Though children born in the United States are entitled by law to U.S. citizenship regardless of the immigration status of their parents, Texas authorities have been placing significant barriers to immigrants who have entered the country illegally and are seeking birth certificates for their U.S.-born children. In his ruling denying an emergency order sought by families, Judge Robert Pitman of the U.S. District Court for the Western District of Texas in San Antonio said Texas officials can refuse to accept matricula consular cards, issued by Mexican consulates, as a form of identification to obtain birth certificates for U.S.-born children. While the Court is very troubled at the prospect of Texas-born children, and their parents, being denied issuance of a birth certificate, Pitman wrote, Texas has a clear interest in protecting access to that document. Although Pitman noted the families attorneys had provided evidence which raises grave concerns regarding the treatment of citizen children born to immigrant parents, he said the court needed more evidence before issuing the emergency injunction they had sought. The case comes at a time birthright citizenship for the children of immigrants, enshrined in the Constitution, has been challenged by Republican presidential candidate Donald Trump and other conservatives. Republican Texas Attorney General Ken Paxton praised the ruling as an important first step in ensuring the integrity of birth certificates and personal identity information. Before issuing any official documents, its important for the state to have a way to accurately verify people are who they say they are through reliable identification mechanisms, he added. More than two dozen immigrant parents in South Texas sued the state this year on behalf of 32 children they claim had been denied birth certificates and access to vital services. The lead attorney for the children, Jennifer Harbury of Texas RioGrande Legal Aid, said their families understood the judges decision but worry about the safety of their children in the interim. Without their birth certificates, they are having difficulty gaining access to basic services, including school and medical care, Harbury said Friday. Texas must allow a clear path for all children born in this country to gain access to birth certificates and their full rights as citizens. It may not establish an obstacle course for these children alone. http://www.seattletimes.com/nation-world/judge-texas-can-deny-birth-certificates-for-us-born-children-of-immigrants/
SAN ANTONIO: A federal judge has chosen for now not to force Texas health officials to change their stance in denying birth certificates to immigrant families with US-born children, saying that the families raised “grave concerns” but more evidence is needed, according to a ruling issued Friday. US District Judge Robert Pitman in Austin denied an emergency injunction on behalf of immigrant families seeking birth certificates for their children after the Department of State Health Services refused to recognize as valid certain forms of identification. The families’ lawyers had asked for the judge to intervene, saying that the children’s right to health care, travel, and schooling — along with parental rights — are being harmed. Pitman called the arguments of the families “heartfelt, compelling and persuasive,” but said that this was “not enough without substantiating evidence to carry the burden necessary to grant relief,” according to the ruling. At issue is the acceptance of identification cards — known as matriculas consulares — issued by Mexican consulates to citizens living and working in the United States. Lawyers for the families contend that prior to 2013 they were able to present these documents, as well as foreign passports without US visas in them, and obtain birth certificates in Texas. The judge said in his ruling that attorneys had not shown that health officials had improperly “focused on and excluded” these documents. The judge also questioned the integrity of the information behind the consulate identification cards and passports. “A birth certificate is a vital and important document,” he said. “As such, Texas has a clear interest in protecting access to that document.” Texas Attorney General Ken Paxton said in a statement that the ruling “is an important first step in ensuring the integrity of birth certificates” and that the agency will continue to defend the health officials. The case will continue. The immigrant rights lawyers, who now represent 28 adults and their 32 children, first sued officials with the Department of State Health Services’ Vital Statistics Unit last May. The parents in the lawsuit entered the country illegally from Mexico and Central America, but the US Constitution’s 14th Amendment guarantees the right of citizenship to children born here. The judge was not dismissive of the families’ arguments that they were being harmed by being denied birth certificates for their US-born children. He raised the issue of school enrolment, saying that while it’s not necessary to show a birth certificate to place a child in school, a parent would have to produce a signed note explaining why the child does not have one. This he said would effectively admit that the parent is here illegally and “expose them to potential criminal liability and removal from the United States”. He also acknowledged the families’ assertion that they were denied Medicaid and housing benefits — and that their newborns were even refused baptisms because they lacked birth certificates. Pitman said that it “begs credulity” for lawyers representing the state agency to argue that “a birth certificate is not a vitally important document”. Texas RioGrande Legal Aid attorney Jennifer Harbury, who is representing the children, said in a statement that Texas must create a path for them to gain access to birth certificates. “It may not,” she said, “establish an obstacle course for these children alone.”
Top newsEconomicsStock marketPoliticsAccidentsSportAutoInformation TechnologyScience and technologyHealthTravelLaws and businessSpace and UFOsMusicMovies, theatreLiterature