AP
By Seth Robbins
October 17, 2015
A
federal judge has chosen for now not to force Texas health officials to
change their stance in denying birth certificates to immigrant families
with U.S- born children,
saying that the families raised “grave concerns” but more evidence is
needed, according to a ruling issued Friday.
U.S.
District Judge Robert Pitman in Austin denied an emergency injunction
on behalf of immigrant families seeking birth certificates for their
children after the Department
of State Health Services refused to recognize as valid certain forms of
identification.
The
families’ lawyers had asked for the judge to intervene, saying that the
children’s right to health care, travel, and schooling–along with
parental rights–are being
harmed.
Pitman
called the arguments of the families “heartfelt, compelling and
persuasive,” but said that this was “not enough without substantiating
evidence to carry the burden
necessary to grant relief,” according to the ruling.
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. Lawyers
for the families contend that prior to 2013 they were able to present
these document, as well as foreign passports without U.S. visas in them,
and obtain birth certificates in Texas.
The
judge said in his ruling that attorneys had not shown that health
officials had improperly “focused on and excluded” these documents. The
judge also questioned the
integrity of the information behind the consulate identification cards
and passports.
“A
birth certificate is a vital and important document,” he said. “As
such, Texas has a clear interest in protecting access to that document.”
Texas
Attorney General Ken Paxton said in a statement that the ruling “is an
important first step in ensuring the integrity of birth certificates”
and that the agency
will continue to defend the health officials. The case will continue.
The
immigrant rights lawyers, who now represent 28 adults and their 32
children, first sued officials with the Department of State Health
Services’ Vital Statistics Unit
last May.
The
parents in the lawsuit entered the country illegally from Mexico and
Central America, but the U.S. Constitution’s 14th Amendment guarantees
the right of citizenship
to children born here.
The
judge was not dismissive of the families’ arguments that they were
being harmed by being denied birth certificates for their U.S.-born
children.
He
raised the issue of school enrollment, saying that while it’s not
necessary to show a birth certificate to place a child in school, a
parent would have to produce a
signed note explaining why the child does not have one. 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.”
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.
Pitman
said that it “begs credulity” for lawyers representing the state agency
to argue that “a birth certificate is not a vitally important
document.”
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.
“It may not,” she said, “establish an obstacle course for these children alone.”
For more information, go to: www.beverlyhillsimmigrationlaw.com
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