Posted on 07/23/2015 3:55:41 AM PDT by markomalley
Texas health officials are asking a federal judge to dismiss a lawsuit by immigrant parents who were denied birth certificates for their U.S.-born children because local authorities refused to recognize as valid certain forms of identification.
Lawyers representing 19 immigrant parents and their 23 children filed suit against the Texas Department of State Health Services after officials refused to issue birth certificates for their U.S.-born children, citing invalid forms of identification. The parents came from Mexico and Central America and living in Texas’ Rio Grande Valley, along the U.S.-Mexico border.
Although the parents are not U.S. citizens, their children are, because the U.S. Constitution’s 14th Amendment guarantees the right of citizenship to anyone born on American soil. Without a birth certificate, it can be difficult for parents to access medical care, travel, school enrollment and other benefits available to U.S. citizens.
The Texas Department of State Health Services said in a federal court filing in Austin on Wednesday that the lawsuit should be dismissed because the court lacks jurisdiction over claims against the state agency. Lawyers for the agency also argued that Texas has sovereign immunity and cannot be sued and that its policy does not interfere with any federal regulation. Texas, they said, has the “power to control the circumstances under which it will provide copies of birth certificates.”
(Excerpt) Read more at washingtontimes.com ...
Don’t Mess With Texas
Why bother to make laws when we don’t enforce them?
How can I document Jaun and Juanita as parents of Pedro if Juan and Juanita have no ID or validation they are who they say they are ?
“Waaaah, those nasty gringos won’t recognize my consular card”?
That what happened?
I get the feeling these aren’t legal immigrants they are talking about.
They aren't. But their children are U.S. citizens.
My take on this is that Texas is saying that the parents can’t prove who they are when they go to get a copy of the BC. The birth is registered but they can’t get a copy. One SSN scam has been to get BC’s of dead, newly born and children. The scammers then get the SSN’s associated with the BC and use it for work.
“Lawyers representing 19 immigrant parents and their 23 children filed suit against the Texas Department of State Health Services”.....
And of course, these 19 “immigrant parents” (more than likely illegals) are paying for the lawyers themselves. You be the judge.
This is wrong on so many levels. A child born of parents who have entered the country ILLEGALLY should not benefit by gaining status as a US citizen.
This logic works in no other tenet of law. If this is the current status of thinking then why be concerned about “fruits of the poisonous tree” when it comes to search and seizure?
Sorry, but if your parents have entered the country illegally...you’re illegal too.
They’re not immigrants. They’re illegals. CRIMINALS.
Get rid of the damn anchor-baby law and kick them all out.
Congress has expressly stated, in the Nationality Act, that any child born on American soil is a citizen. (In fact, the law goes farther-- any child under 5 years old found on American soil is presumed a citizen until proven otherwise.)
We can debate whether the 14th Amendment requires this or not, but for now, the children of illegals are, at a minimum, citizens by statute.
If Congress ever changes the law, the courts may have a chance to decide the Constitutional issue, but for now, the law is clear.
The "anchor baby law" (the one that used to let children born in the U.S. keep their illegal parents with them) was repealed during the Clinton Administration. Under current law, children born in the U.S. to illegal parents cannot sponsor their parents for citizenship until the child turns 18. So the parents can be deported, and have the choice of taking their kids with them or putting them up for adoption. But the children are U.S. citizens, are entitled to a U.S. passport, and can come back when they turn 18.
The "anchor baby law" (the one that used to let children born in the U.S. keep their illegal parents with them) was repealed during the Clinton Administration. Under current law, children born in the U.S. to illegal parents cannot sponsor their parents for citizenship until the child turns 18. So the parents can be deported, and have the choice of taking their kids with them or putting them up for adoption. But the children are U.S. citizens, are entitled to a U.S. passport, and can come back when they turn 18.
Which wasn't the case until Brennan slipped it in as a footnote on a case in 1982. Even Harry Reid said it was a ridiculous idea and tried to fix it until he realized that floods of poor people coming into the country would only benefit the Democrats.
Birthright citizenship has been in the statute (Nationality Act) at least since 1934, probably longer.
You are correct and I do understand the law. However, a person should not benefit from an illegal act. It would certainly solve the “anchor baby” problem.
Bringing women into the US from other countries to give birth and then convey citizenship on the baby is BIG business. There is a huge closet industry in New York that caters to Chinese women who pay good money to deliver their children in the US. All in order to gain dual-citizenship.
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