Texas once again gives the middle finger to the Constitution

If they are putting other requirements for a birth certificate because they believe the parents to be here illegally that would be a denial of equal protection from the 14th which isn't dependent on citizenship or residency status. As the birther debate shows that the birth certificate both has a lot of power as a legal document and symbolically. By denying a US birth certificate or delaying it to cast doubt on when the birth occurred could have some very large affects on the child in the future.

 

Also mar1juana isn't a Constitutional right.

 

Very well put.

As the son of immigrants who gave birth to me when they didn't have permanent residency I fully agree. Also those like me who were born to Chinese immigrants should remember that for almost a century this country tried to limit and then ban Chinese from coming here.

 

[rQUOTEr]JUDGE: TEXAS MAY DENY BIRTH CERTIFICATES TO IMMIGRANTS' KIDS

SAN ANTONIO, TX -- 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."[/rQUOTEr]

 

This certainly breaks the spirit of the 14th Amendment though the question of lawful entry is a valid matter.

Ultimately, it's not the law but rather what we as a people will tolerate out of illegal immigrants and whether they know or realize the impacts both good and bad they pose.

 

This violates the 14th amendment right now which is wrong. If you want to deny them citizenship (proof) change the law first then start denying.

Also, violating the 14th amendment is legal but undocumented immigration is illegal? Sounds like cherry picking the law to me.

 

What amendment rights do the parents have?

 

It's not the parent's rights you're denying.

 

You sound like you're in the NRA.

 

Glad someone picked up on that.

 

i dont see what the problem is

if you wanna come to america, do it the legal way

 

If you are born here, you are legal. You understand that? Or did your history class skip the 14th Amendment?

 

The title is misleading. They're illegal immigrants. These illegals are cherry picking the law to begin with. It's the reason they're here. They want birth certificates to be eligible for Medicaid and Welfare benefits.

 

I don't think the 14th Amendment is limited by intent as currently written.

Again, the people that imply it does are the very same people that say the "right to bear arms in a well regulated militia" refers to citizens possessing assault rifles. Those are opinions based on desire, not law.

Both need to be addressed, but we can't name an ATF director in this Congress, much less approach Constitutional questions.