Call For Free Initial Consultation
(615) 259-2660
TwitterFacebookRss FeedLinkedIn

Home » Immigration » Texas Birth Certification Restrictions For Immigrants Stick Around

Texas Birth Certification Restrictions For Immigrants Stick Around

texas-birth-certificateImmigrant families in Texas concerned with the natural birth citizenship of their children were disappointed after Friday’s federal ruling that no emergency injunction shall be granted to provide birth certificates to kids whose families cannot provide adequate identification documents.

The case is ongoing. But for now, it’s up in the air whether or not children of immigrants who are currently denied natural birth citizenship certifications are suffering violations of their rights under the 14th Amendment.

Birth Certificates: Super Important

If you’ve always had a birth certificate, it might be hard to understand why such a big fuss is being made over their dispersement. The fact is, people who don’t have a copy of this vital form, immigrants or not, are at a serious disadvantage across the board.

For starters, the document is necessary for freedoms many people take for granted: like driving a car, receiving healthcare, and avoiding unjust criminal liability. The DMV is going to give you a hard, fat “NO” if you try to get your driver’s license without your birth certificate. That’s already a huge disadvantage — without a car, so many opportunities are suddenly off the table. Employment, schooling, medical treatment, and several other important considerations become enormous obstacles when you can’t get to where you need to be.

Furthermore, children who are deprived of such a vital document aren’t even to blame for their disadvantage. They were just born here. Should they be penalized for existing “where they shouldn’t be,” even though they certainly didn’t choose to exist there?

One might argue that, although unfortunate, the burden placed on such children is acceptable in light of the current illegal immigration problem. This seems to be the logic followed by this case’s judge. It might be hard on those kids to deprive them of a birth certificate, but strictness here is crucial in order to discourage illegal immigrants who might take advantage of natural birth citizenship. One theory speculates that foreigners will come illegally and have children for the express purpose of gaining their own citizenship, thereby foregoing the legal process.

So, despite the court finding the plaintiffs’ argument “heartfelt, compelling, and persuasive,” more evidence needs proving the legitimacy of their demands is necessary before a change in legislation can be made.

Natural Birth Citizenship and Law

People who are born in the United States are guaranteed citizenship under the 14th Amendment, which states that “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.” Sounds pretty straightforward. It’s called the ‘Citizenship Clause.’

It’s important to note that the kids without birth certificates in the aforementioned case are still considered citizens. The problem is the documentation itself. Identification on behalf of a child’s parents is required to obtain a birth certificate. Historically, cards were specifically administered to Mexican immigrants which served as “I.D.’s,” and these were once acceptable means of procuring birth certificates. Not so, now — but, as previously stated, courts require more evidence that Texas government officials have “focused on and excluded” these cards as means of proving identification when obtaining birth certificates.

Hire Nashville Immigration Lawyers

At Turner Law Offices, P.C., our team has years of experience working with clients across a wide range of cases related to immigration. If you or a loved one is suffering a violation of your rights as the result of your immigration status, we know the most efficient means of pursuing a satisfactory resolution. Call today, or go online to set up your Free Initial Consultation, and meet with a skilled lawyer who’s ready and waiting to get you on track toward the justice you deserve.

(615) 259-2660

You must be logged in to post a comment.