How a federal judge navigates immigrant birth rights in Texas
*Here’s another case that will eventually end up before the U.S. Supreme Court. A Texas Judge has refused to issue a stay in the case where the birth certificates of U.S. citizen children were denied to their parents because the Mexican consular ID was deemed insufficient. VL
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ATLANTA — Can Texas deny a birth certificate to someone born on US soil?
Yes, ruled a federal judge this week, if their parents are using a Mexican ID card.
It’s often an undocumented immigrant’s only documentation, but the”matricula consular,” or Mexican consular ID, to serve as a legitimate form of ID in the US is now facing a major test in a federal court in Austin, Texas.
At issue is a move by Texas Department of State Health Services, starting in 2013, to deny birth certificates to children born to undocumented migrants in the Lone Star State. The reason: The parents’ Mexican ID cards aren’t reliable enough for state archivists to ensure the veracity of the birth certificate. But plaintiffs say an outright refusal to issue a birth certificate denies the child’s rights under the 14th Amendment, which guarantees citizenship to all those born on US soil.
On Friday, US District Judge Robert Pitman refused to issue an emergency stay on behalf of some 28 families – and 32 children – who joined an immigration rights lawsuit filed in May.
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[Photo courtesy of Que Pasa Raleigh/Durham]
