So, for now, Texas can continue to deny birth certificates to U.S.-born children of immigrants, pending a decision in this case.
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Non-profit groups Texas RioGrande Legal Aid and the Texas Civil Rights Project filed the lawsuit on behalf of six children and their immigrant parents alleging the children were denied birth certificates because their parents lacked proof of USA citizenship or legal status.
The families, whose identifies were not released, had asked their lawyers to intervene when state health officials denied their request for birth certificates.
Judge Pitman ultimately argued that there was “not enough without substantiating evidence to carry the burden necessary to grant relief”.
At issue is the acceptance of identification cards_known as matriculas consulares_issued by Mexican consulates to citizens living and working in the United States.
The parents of 32 children sued the agencies in May, arguing that by not issuing the birth certificates the state was denying the children their rights as USA citizens.
The judge said in his ruling that attorneys had not shown that health officials had improperly “focused on and excluded” these documents. “As such, Texas has a clear interest in protecting access to that 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.
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”. This he said would effectively admit that the parent is here illegally and “expose them to potential criminal liability and removal from the United States”.
Still, Pitman stated, the court needed to be presented with the evidence and arguments before making such an order.
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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 establish an obstacle course for these children alone”.
