The Observer follows up.
Two legislators have weighed in on the controversy over Texas’ refusal to grant birth certificates to some children of undocumented families. On Wednesday, Sen. Juan “Chuy” Hinojosa, D-McAllen, vice chair of the Senate Committee on Finance, sent a letter to Texas Department of State Health Services Commissioner Kirk Cole, referencing an Observer story published online Monday. He wrote that he was “alarmed” by the article as well as “a lawsuit that surfaced this week” over the agency’s refusal to issue birth certificates to people born in the United States.
At least 17 families have joined the lawsuit filed last month by Texas RioGrande Legal Aid attorney Jennifer Harbury and Texas Civil Rights Project attorney Jim Harrington.
In his letter to Cole, Hinojosa noted that 13 of the 17 plaintiffs are residents of Hidalgo County, in his Senate district. “By denying these birth certificates, DSHS is denying these children their U.S. citizenship. These children were born in the United States, are United States citizens, and are entitled to receive their own birth certificates.”
State Rep. Ramon Romero, Jr., D-Fort Worth, also sent a letter to Cole. “Any person born in Texas deserves all documentation and privileges concomitant with being both a United States and Texas citizen,” he wrote. “The U.S. Constitution speaks directly to the issue of birthright citizenship. It makes clear that birthright citizenship is a matter of constitutional right.”
Harbury says she’s grateful the legislators are weighing in on the matter. At the crux of the lawsuit is the state’s sudden decision not to honor the matricula consular, which is an official photo ID issued by Mexican consulates to Mexican nationals living in the U.S. In the past, Texas has deemed the matricula consular an acceptable form of ID.
In his letter to Cole, Hinojosa noted that the state’s “new policy” has never been “stated or even publicly proposed.”
See here for the background. What’s interesting is that while the Observer story from this week appears to be the catalyst for this issue getting wide attention, the lawsuit was filed in May. That happened as the Legislature was winding down and the state was getting walloped by floods, so perhaps it’s understandable that it went under the radar. Be that as it may, people are paying attention now. The DSHS claim that this has been their policy since 2008 seems awfully weak, and the evidence we have points to this being spurred on by the influx of Central American kids several months ago. Whatever the case, it’s clearly unconstitutional. The state is filing its response next week. I hope whoever the judge is will act quickly. Daily Kos, Hair Balls, and the Latin Post have more.
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