Judge Upholds TX Birth Certificate Rules
Their original inquiries were denied because the state did not recognize their matriculas consulares, special identification cards issued by Mexican consulates to their citizens living and working in America. “It begs credulity for defendants to argue a birth certificate is not a vitally important document”.
The judge said the lawyers for the families have raised “grave” concerns but additional evidence is needed.
In his opinion, Pitman said he was “very troubled” by the prospect of Texas-born children being denied a birth certificate.
Texas Attorney General Ken Paxton, whose office represents the state agencies in court, said in a written statement that his office “will continue defending DSHS’s policy on safeguarding Texans’ most sensitive information and vital documents”. “As such, Texas has a clear interest in protecting access to that document”. The case will continue.
U.S. District Judge Robert Pitman declined to grant a preliminary injunction on Friday in a civil rights lawsuit filed in May over how Texas is complying with the 14th Amendment to the U.S. Constitution, which grants citizenship to any child born on US soil, regardless of parentage. The non-profit groups representing the children, Texas RioGrande Legal Aid and the Texas Civil Rights Project, asked the judge to issue an injunction to force the state to accept two forms of identification that mothers could easily provide to obtain birth certificates for their children in the meantime that the lawsuit is decided.
Dozens of parents sued the state on behalf of their children earlier this year over the issue. The state has a right, he said, to make sure that that the types of IDs they accept are valid and reliable and other governmental agencies, like the Federal Bureau of Investigation, have expressed concern about the reliability of the the matrícula.
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.
An attorney for the families tells the the Times that without birth certificates, the children are having trouble getting access to basic services, such as schools and medical care.
“It may not”, she said, “establish an obstacle course for these children alone”.