Thursday, August 20, 2015
The candidates only talk about it
But the state of Texas has taken the bit between its teeth and is getting sued over the first step in denying birthright citizenship, refusing to provide birth certificates.
Her children, born the Texas side of the border, are U.S. citizens. But when she went to the local vital statistics office earlier this year to get a copy of her youngest daughter’s birth certificate, she was turned away for lack of proper identification. Her child, who was born in November 2013, still does not have a birth certificate.Texas, The Lone Brain Cell State. Despite having a government that is little more than a redolent pile of manure, they persist in thinking their shit doesn't stink.
“What’s going to happen if she’s in an emergency?” she asked. “Will they say they can’t treat her because she doesn’t have a birth certificate?”
Juana is among 28 undocumented immigrants who are suing the Texas Department of State Health Services on behalf of their U.S.-born children for denying them their birth certificates. The suit was filed in May and was amended on Tuesday to include more plaintiffs.
The lawsuit comes as 2016 presidential candidates engaged in bitter debates about the fate of an estimated 11 million undocumented immigrants living in the U.S. Some 26 U.S. states filed a lawsuit attempting to block the White House’s plan to protect about 5 million undocumented immigrants from deportation.
The 14th Amendment states that all people born in the U.S. are citizens. But in the immigrants’ lawsuit, the two civil rights groups suing the state on the immigrants’ behalf say the department is violating the law by refusing to recognize the matrícula consular — an ID card issued by Mexican consulates — as a valid form of identification.
Parents must present a birth certificate to enroll a child in school or day care, apply for benefits or even to have a child baptized.
Because undocumented immigrants, many of them from Mexico and Central America, do not have a required form of ID like a green card or work authorization papers, they are required to show two secondary forms of identification to get a child’s birth certificate. Often that includes the matrícula consular. But Texas in 2008 announced a new policy of rejecting matrículas, citing security concerns. The measure went largely unenforced until 2013.
Efren Olivares, an attorney for the nonprofit South Texas Civil Rights Project — which, along with Texas-based nonprofit La Union del Pueblo Entero, is representing the immigrants — told Al Jazeera that the timing of the state’s enforcement appears to coincide with a spike in Central Americans arriving in Texas, many of them fleeing violence in their home countries.
The lawsuit accuses Texas of deciding to reject the matrículas knowing that undocumented immigrants are largely unable to present other forms of ID.
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