Immigration Lawsuit Claims Texas Denies Birth Certificates to Texas-Born Immigrant Children

A federal judge in Austin heard arguments on an immigration lawsuit regarding a recent policy. The suit revolves around a policy change concerning a specific identification form, known as a “matricula consular”, used by undocumented immigrants. The immigration lawsuit claims that the state’s refusal to accept the “matricula” form prevents undocumented parents of Texas-born children from obtaining Texas birth certificates. Without the birth certificates, the children cannot enroll in school or receive public health benefits.

Details of the Immigration Lawsuit

Attorneys for Texas RioGrande Legal Aid (TRLA) and the Texas Civil Rights Project (TCRP) filed the immigration lawsuit on behalf of more than 30 undocumented immigrants. The immigration lawsuit alleges that Texas officials had previously accepted the matricula as a valid form of identification. The attorneys claimed that recent changes in attitudes toward undocumented immigrants placed political pressure on state officials along the Rio Grande Valley to change their policies.

Immigration Lawsuit Claims “Open Doors” Now Closed

The immigration lawsuit also claims that the policy change prevents undocumented parents from obtaining birth certificates for their native-born children. An attorney arguing for the immigrants in the immigration lawsuit told U.S. District Judge Robert Pitman that the state must provide undocumented immigrants “some reasonable procedure they can follow to access their children’s birth certificates.” The attorney also stated that the recent policy change made Texas “the only state out of fifty that has locked all available doors” to the documentation process.

State Defends Policies in Immigration Lawsuit

Attorneys for the State of Texas claim that the immigration lawsuit has less to do with birth certificates and more to do with the acceptance of the matricula documents. A spokesperson for the Texas Department of State Health Services claimed that the department has never accepted the matricula documents as valid identification. The agency claims that such documents are not secure and could be used to commit identity fraud. Texas Assistant Attorney General Thomas Albright claims that the immigration lawsuit is “more about the legitimacy of the matricula” than about the issues surrounding birth certificates.

Immigration Lawsuit Judge Asks, “Is This A Problem?”

Judge Pitman had his own questions regarding the reasons behind the immigration lawsuit. He asked attorneys for the state, “What makes this burden necessary?” He questioned the state’s attorneys as to why they would place obstacles in front of parents seeking a birth certificate for their native-born child. “Is it such a problem,” he asked, “that you have to enact this type of barrier?” Mr. Albright noted that no instances of obtaining fraudulent birth certificates had yet occurred, but acknowledged the political climate surrounding the immigration lawsuit.

Source: Texas Observer

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