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Judge allows Texas to deny birth certificates to children of immigrants

TheDemSocialist

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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.

Read more @: Judge allows Texas to deny birth certificates to children of immigrants
Without a birth certificate a child grows up to be essentially a stateless person since the documentation will be lacking in where they were born. This is shameful that a FEDERAL judge of the US government would do this to children.
 
So then what? You have to have proof of identity to enter Mexico legally as well. And you certainly have to have proof the child you are taking out of country is yours. This will be a mess.
 
I you are born in France while your parents are away on vacation do you "grow up to be essentially a stateless person?"

No, but you still get a birth certificate. You just don't get citizenship.
 
Read more @: Judge allows Texas to deny birth certificates to children of immigrants
Without a birth certificate a child grows up to be essentially a stateless person since the documentation will be lacking in where they were born. This is shameful that a FEDERAL judge of the US government would do this to children.

:shrug: it is untrue that without a US Birth Certificate from the State of Texas that these children will grow up to be stateless persons.

My youngest child, for example, was born in Japan. Did she get a Japanese birth certificate? Nope. We had to take the medical forms to the US Consulate to get them to issue a birth certificate for a baby born overseas. These parents can use the Mexican Consulates that are available to them expressly for that purpose.
 
:shrug: it is untrue that without a US Birth Certificate from the State of Texas that these children will grow up to be stateless persons.

My youngest child, for example, was born in Japan. Did she get a Japanese birth certificate? Nope. We had to take the medical forms to the US Consulate to get them to issue a birth certificate for a baby born overseas. These parents can use the Mexican Consulates that are available to them expressly for that purpose.


Did you want your child to be a Japanese citizen?
 
Did you want your child to be a Japanese citizen?

:shrug: it didn't matter what I wanted. Regardless, however, the claim that children born to foreign citizens who aren't issued a birth certificate by the State of Texas will be "stateless" is flatly false.
 
:shrug: it didn't matter what I wanted. Regardless, however, the claim that children born to foreign citizens who aren't issued a birth certificate by the State of Texas will be "stateless" is flatly false.



Well have fun with your moot point.:roll:
 
If the mother is here illegally then the kid is not subject to the political jurisdiction of america and the kid gets her nationality. As per the 14th amendment. Go tex.
 
Well have fun with your moot point.:roll:
:shrug: he made a claim suggesting these kids would be somehow abandoned or permanently harmed. "Not able to serve as effective anchor baby" is not the same as "stateless"
 
No, but you still get a birth certificate. You just don't get citizenship.
You don't, actually. You have to get it off m your embassy or consulate.
 
Read more @: Judge allows Texas to deny birth certificates to children of immigrants
Without a birth certificate a child grows up to be essentially a stateless person since the documentation will be lacking in where they were born. This is shameful that a FEDERAL judge of the US government would do this to children.

I am against anchor babies being able to obtain birth certificates, but I am also against people doing things illegally. There is only one solution, and that is amending the Constitution. Until then, It is unconstitutional to deny immigrant babies their birth certificates.
 
I am against anchor babies being able to obtain birth certificates, but I am also against people doing things illegally. There is only one solution, and that is amending the Constitution. Until then, It is unconstitutional to deny immigrant babies their birth certificates.

No, it's not. Show where in the Constitution that birth certificates must be issued to anyone. You're mistaking BCs with citizenship.
 
No, but you still get a birth certificate. You just don't get citizenship.

That depends on the law of the country your parents are subjects of. In most cases, children are taken to be citizens of the same nation as their parents, even if they are born outside that nation's territory.
 
I am against anchor babies being able to obtain birth certificates, but I am also against people doing things illegally. There is only one solution, and that is amending the Constitution. Until then, It is unconstitutional to deny immigrant babies their birth certificates.

Please cite the Supreme Court decision that supports your claim.
 
:shrug: he made a claim suggesting these kids would be somehow abandoned or permanently harmed. "Not able to serve as effective anchor baby" is not the same as "stateless"

Let my get out my crying towel. Oh, the humanity!
 
No, it's not. Show where in the Constitution that birth certificates must be issued to anyone. You're mistaking BCs with citizenship.

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Read the very last part. Nobody can deny equal protection of the law, which includes everything. Government agencies cannot on their own decide which citizens get benefits of citizenship, and which citizens don't.
 
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Read the very last part. Nobody can deny equal protection of the law, which includes everything. Government agencies cannot on their own decide which citizens get benefits of citizenship, and which citizens don't.

Yup, bolded the part you chose to ignore. There's an "and" there.
 
Yup, bolded the part you chose to ignore. There's an "and" there.

You misread it, If you didn't then I wish I was born an anchor child, because I would not be subject to the jurisdiction of the United States, and could break all the laws I want. LOL.
 
You misread it, If you didn't then I wish I was born an anchor child, because I would not be subject to the jurisdiction of the United States, and could break all the laws I want. LOL.
No. He didn't misread it it. You do not understand what the terminology means.

The founders of the 14th made it clear that the language they used "and subject to the jurisdiction thereof" meant "not owing a foreign allegiance".
 
I am against anchor babies being able to obtain birth certificates, but I am also against people doing things illegally. There is only one solution, and that is amending the Constitution. Until then, It is unconstitutional to deny immigrant babies their birth certificates.

No, it's common sense. They can get a BC from the nation which their parents are citizens of.
 
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