Immigrant parents suing Texas for withholding birth certificates to US-born kids

by Matt Fossen |  |  published on July 23, 2015

texasflag_austinImmigrant parents living in Texas without proper identification papers are suing the state for withholding birth certificates from their American-born children, in a tricky case that pits Texas’ strict ID laws against the 14th Amendment of the Constitution.

The suit was filed in May in U.S. District Court in Austin by a group of Mexican citizen parents living in Texas. The suit claims the state refused birth certificates for 23 children because the parents could not provide the proper photo identification under state law.

But the parents argue Texas is, in doing so, violating the 14th Amendment, which guarantees citizenship to anyone born on U.S. soil regardless of their parents’ status.

  • tom2

    With apologies to Ann Coulter, deport them.

  • VirgoVince

    Deport the entire family, regardless of age! Illegal is illegal, they have NO rights here!!

  • TexRancher

    Let’s get this straight; There are no “Immigrants parents living in Texas without proper Indentification papers”! ILLEGALS, yes, Immigrants no. Immigrants come in through the front door and obey the law including criminal and medical background checks and satisify all the requirements. The people focused on in this report are NOT IMMIGRANTS! They are ILLEGALS!

  • msueh

    Let me guess: their “lawyer” is a dues-paying member of La Raza…

  • wmagg

    The child may be a U.S. citizen ‘but I doubt it’ but the parents are not Take the kids away and deport the parents under criminal charges which prevent their legal return. If they deport the whole family then we lose nothing. If allowed to stay they get nothing from any state or government agency, In case you have not looked lately each of these actions is within “the LAW”

    • karacek

      If parents are in the USA illegally and give birth, how does that make the child an American???????? Illegal is illegal…legal immigrants’, awaiting naturalization, offspring are American citizens.

      • joe

        Sorry, U.S. Code allows for those infants born on U.S. soil to be U.S. citizens without regard to the parents’ citizenship.

        “The following shall be nationals and citizens of the United States at birth:
        (a) a person born in the United States, and subject to the jurisdiction thereof; “(U.S. Code. Title 8. Chapter 12. Sub-chapter III. Part I. Section 1401(a).)

        • VirgoVince

          THAT doesn’t make it right, just cos it’s legal!
          What does it say about ILLEGAL invaders or terrorists?
          Man-made laws can and SHOULD be changed!

  • curtmavi38

    Isn’t this sweet an illegal alien suing one of our states. Am I the only one who sees this as a flagrant slap in the face. Mexico would deport all the family if this happened on their shores. There should an amendment to the 14th amendment that does not allow citizenship to children born to illegal aliens.
    All these illegals walking over the border should never become citizens unless they come over here legally. These people are taking advantage of us and it needs to be stopped. meh

  • John Siemens

    Bravo Texas!

  • joe

    In this instance, the immigrant parents are correct; the constitution does provide for those who are born within the borders to be natural-born citizens, thus Texas should issue the correct birth certificate(s).

    • karacek

      A natural born citizen is born of 2 citizen parents on American soil. Please know what you are talking about before posting! That’s why we have a fraud in the White House and ineligible Presidential candidates – Ted Cruz born in Canada to Amer. Mom and Cuban Dad (Love him in the Senate, a great American) Rubio born in USA to legal immigrants from Cuban, not yet American citizens (Like him too in the Senate), Bobby Jendal born in India!! Should read our founding documents once in awhile, or just plain read them!

      • joe

        “The following shall be nationals and citizens of the United States at birth:
        (a) a person born in the United States, and subject to the jurisdiction thereof; ” (U.S. Code. Title 8. Chapter 12. Sub-chapter III. Part I. Section 1401(a).)
        Are there any more questions?

    • cab

      They still can and should send the illegal parents back and do our country a favor.

    • tom2

      They must prove their children were born on American soil and that involves affidavits from responsible citizens willing to vouch for the illegal aliens’ characters, any doctors, nurses, midwives, et al., who are willing to swear they administered to the birth, any clergymen involved, other witnesses, and so on. Due to benefits proffered by generous American taxpayers, Mexican births typically are serviced by hospitals, licensed doctors, nurses, candy stripers, food preparers, parking lot attendants and on and on. This should be a slam dunk for the Mexican parents unless…

  • Thomas Goss

    Texas should just deport the ILLEGAL WETBACKS and make them take their kids with them. I don’t care if the kids were born here, their parents were and are ILLEGAL and they shouldn’t be allowed to stay here.

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