Judge Rules That Texas Can Deny Birth Certificates to Immigrants’ Children

Texas officials do not have to make it easier for undocumented immigrants to get birth certificates for their children born in the state while a legal challenge proceeds in court, a federal judge ruled.

So, for now, Texas can continue to deny birth certificates to U.S.-born children of immigrants, pending a decision in this case.

Dozens of families and children sued the Texas Department of State Health Services after local authorities refused various foreign identifications.

In his opinion, Pitman said he was “very troubled” by the prospect of Texas-born children being denied a birth certificate. In particular, the agencies have denied the matricula consular identification cards that are issued by Mexican consulates.

Friday’s ruling was in response to a request for an emergency injunction filed to compel the state to change its policy effectively immediately and issue birth certificates until the case is resolved.

Pitman said that it “begs credulity” for lawyers representing the state agency to argue that “a birth certificate is not a vitally important document”.

The issue of USA citizenship for children of illegal immigrants has become an issue in the November 2016 presidential campaign with Republican candidate Donald Trump questioning the automatic granting of citizenship and Jeb Bush drawing fire for his comments on the issue.

Judge Pitman said evidence presented by the plaintiffs “raises grave concerns regarding the treatment of citizen children born to immigrant parents”.

An eight year-old immigrant watches as a U.S. Border Patrol agent records her family information on July 24, 2014 in Mission, Texas.

“A birth certificate is a vital and important document”, he said. While the parents in the Texas case did enter the country illegally from Mexico, their children technically did not, and are therefor protected by the U.S. Constitution’s 14th Amendment.

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. “As such, Texas has a clear interest in protecting access to that document”.