Texas’ Refusal To Issue Birth Certificates Sparks Immigration Lawsuit

Four women have filed an immigration lawsuit against the State of Texas for refusing to grant birth certificates to the children of undocumented immigrants. The immigration lawsuit alleges that the Texas Department of State Health Services is in violation of the 14th Amendment to the U.S. Constitution. The amendment grants citizenship to any infant born in the U.S., regardless of the parents’ immigration status. The suit also claims that the state agency’s actions interfere with the federal government’s oversight of immigration law.

Details of the Immigration Lawsuit

The immigration lawsuit claims that state workers in Cameron and Hidalgo counties refused to issue birth certificates to mothers who could not present sufficient proof of their immigration status. The women used an identity form called a “matricula consular”, which the Mexican Consulate issues to Mexican nationals living with the U.S. The immigration lawsuit also claims that women from Central America are also being refused birth certificates due to their lack of a U.S. visa stating their immigration status.

Immigration Lawsuit and “Anchor Babies”

The measures taken by the state agency are seen by some as a method to prevent what anti-immigration activists call “anchor babies.” Infants born within the U.S. are supposed to be guaranteed citizenship, even if the mothers are not legal U.S. residents. The mothers’ immigration lawsuit alleges that the state agency workers are refusing to grant them Texas birth certificates as a means to prevent their children from becoming citizens. If the children are not considered citizens, then immigration authorities can deport the mothers and infants back to their countries of origin.

Attorney: Immigration Lawsuit Shows Agencies “Locking Out” Immigrants

An attorney with the group Texas Rio Grande Legal Aid is representing the mothers in their immigration lawsuit. Jennifer Harbury told reporters that the alleged violations that prompted the immigration lawsuit started in late 2014. She said that the state’s refusal to recognize the consulate’s identity documents “causes all kinds of problems.” The lack of a birth certificate can keep mothers from registering their children for day care and public schools, as well as preventing them from showing proof of being a child’s mother in a medical emergency.

More Mothers Join Immigration Lawsuit

Ms. Harbury also told reporters that, she filed the immigration lawsuit in May 2015. Since then, her office has received numerous calls from women who endured similar circumstances when attempting to obtain a birth certificate for their children. The immigration lawsuit is seeking to have the agencies recognize the “matricula consular” as proof of identity. A statement from the Texas Department of State Health Services explained that the agency was following the same procedures as other state and federal offices that do not accept the “matricula consular” as a valid identity document.

Source: Texas Observer

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