Saturday, October 17, 2015

When is a child born in the US not a citizen


When the Lone Brain Cell State of Texas says so and a federal judge has ruled that there is no need for an emergency injunction against the bigoted bastards of the Texas Department of State Health Services who have declared they will not recognize the parents nor issue a birth certificate.
A federal judge has chosen 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.
It is curious that AG Ken Paxton is worried about the integrity of birth certificates as he many soon be wearing an orange jumpsuit for his lack of integrity in his stock dealings. Texas, a land that normal forgot.

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