Texas Settles Lawsuit Brought By Immigrants Denied Birth Certificates For Their Babies [UPDATED]

AUSTIN, TX — The Texas attorney general's office quietly settled a case filed against the state by a group of undocumented immigrants challenging the state's refusal to provide birth certificates for their Texas-born children.

The denial of birth certificates for the children of immigrants came against a backdrop of heightened anti-immigration sentiment in Texas that has grown in intensity of late. Against that backdrop, the state health department chose to adopt a policy that denied undocumented parents birth certificates for their children born in Texas.

"Without birth certificates, our clients lived in constant fear of having their families torn apart and their American-born children deported," Efrén Olivares, the Texas Civil Rights Project attorney who represent the plaintiffs, said in a statement. "This settlement will be life-changing for immigrant communities across the state."

Reached early afternoon on Monday, a spokeswoman for Texas Attorney General Ken Paxton said his office was working on a statement in reaction to the settlement. The office hasn't released a formal statement since the announcement of the settlement was made, rendering unknown the details of the settlement.

Emma Hilbert, a staff attorney for the Texas Civil Rights Project, said the ruling by the federal court in the Western District of Texas was a a victory for the plaintiffs comprising 33 families. She lamented that the ruling still rules out the so-called matricula — an identification card issued by the government of Mexico issued since 1871 — that many immigrants possess. Another document still disallowed is a passport without a U.S. visa also widely possessed.

Still, the now-restored documents Texas is now compelled to accept represents a considerable victory — not just for the plaintiffs, but the estimated 1.4 million undocumented immigrants living in Texas, Hilbert said in a telephone interview with Patch. Of that total, roughly 40 percent of those families have at least one Texas-born child under the age of 18, she noted.

"We see this as a major victory for immigrant families of Texas-born children," Hilbert said. "For the undocumented parents, it allows them to obtain birth certificates. So we think it's great because they will no longer have to live in fear of being separated and because they will get access to services and benefits in education, health, schooling, being baptized and housing. We still have a lot of work to do, but this is a major victory."

In a statement requested by Patch, officials at the Texas Department of State Health Services downplayed the ruling's significance, saying it would allow them the ability to "continue" providing birth certificates — something the federal court asserted it had prevented from occurring in many cases.

"This agreement will allow the state to continue to provide necessary birth certificates to authorized people and do so in a way that maintains the security of state birth records," TDSH officials said in the statement. "The purpose of the identification requirement is to ensure that individuals requesting birth certificates are who they say they are."

State agency officials also suggested the ruling doesn't substantively change the recently altered protocol in denying some their birth certificates: "The agreement does not require any changes to DSHS’ current rules or policies," officials said in their formal statement. "It specifies that DSHS and local registrars will continue to accept valid Mexican voter ID cards and other secure identification issued by foreign governments as a secondary form of ID."

But they acknowledged the ruling further requires DSHS officials undergo amplified training and to update their materials — literature and a hotline for affected residents — that reflects the documents they must accept per the court's rulings.

"DSHS will continue to review other foreign-issued identification to determine whether they meet the security standards required under Texas law," officials wrote. "For example, DSHS has determined that 'certifications' issued by consulates of El Salvador meet the standards and is currently reviewing documents provided by the consulates of Guatemala and Honduras for consideration."

As for the updated materials, "Additionally, DSHS has agreed to communicate about the acceptance of foreign documents to all local registrars and provide additional training opportunities for local registrars and their employees," agency officials conceded in their statement. "DSHS is developing updated materials that include information about acceptable forms of ID and will update its Local Registrar Handbook. DSHS also has expanded the list of examples of supporting documents that can be used to help verify identity, though the list has never been exhaustive. And the agreement formalizes the state’s existing process for reviewing and resolving issues related to the denial of a birth certificate application."

The bilingual hotline detailing acceptable forms of ID needed to secure a birth certificate is 1-888-963-1111.

Texas Attorney General Ken Paxton — a prolific provider of emailed updates on important developments affecting his office — did not issue a formal statement. Instead, spokeswoman Kayleigh Lovvorn referred a Patch reporter to the DSHS for its statement instead.

Hilbert noted the case was won on two legal predicates: Equal protection and due process, both safeguards outlined in the Constitution of the United States. The former was cited given that altered rules for Texas-born children differed substantially from the process offered to others born in the state.

The state's refusal to offer birth certificates to immigrants is a divisive issue. Those divisions are on display in the Texas Civil Rights Project comments thread on a post celebrating the settlement of the lawsuit.

"It's sad that illegals are coming here to have children so they can stay," wrote Ann Blankenship. "I say if you are here illegally, you and your child should be sent back across the border to your own country. Sorry but we have people starving in America that need to be taken care of first with our tax dollars."

Cecilia Serrano offered a rebuttal: "OMG, Ann Blankenship. It's a child. They come here for a better future for their children. What's wrong with that? Legally or not your gonna do whatever when it comes to wanting better for yours."

But for now, at least, the mood among immigration advocates is celebratory.

“With the cooperation of the state and our client’s insistence and perseverance, we were able to settle it and find a way for children and parents to get their birth certificates,” Olivares said in his statement. “It’s a victory for us and for all these families. The main goal of the lawsuit was for these mothers and these families to be able to get birth certificates and we got that.”

Some two dozen immigrants sued the state after being unable to secure birth certificates for their children, only to be told by health officials that the rules had suddenly changed. Officials had denied birth certificates based on parents' own lack of documentation deemed acceptable by state officials.

Yet the issue of denying U.S.-born children birth certificates is not unique to Texas. Similar sentiments have been expressed in other parts of the country — specifically a call to abolish the 14th Amendment to the Constitution — amid growing backlash against immigrants. The 14th Amendment automatically grants citizenship to babies born in the United States, a clause in the Constitution inserted after the U.S. Civil War.

Sen. Lindsey Graham and other conservative lawmakers have called for hearings to abolish the 14th Amendment. However, the process of abolishing a constitutional amendment is a very difficult process, as legal scholars have observed. GOP presidential candidate Donald Trump has expressed similar pronouncements, saying he would pursue abolishing the constitutional clause should he become president.

In Texas, the move to deny birth certificates to immigrants' children has roots predating the current national anti-immigration climate fueled by Republicans. As the New York Times accurately notes, the change in practice by Texas registrars dates to 2013 as officials sought to stem the influx of immigrants from Central America. By the following year, former Gov. Rick Perry dispatched National Guard troops to the border in what some viewed less a gesture to curb immigration than a political tactic amid the former governor's own presidential ambitions at the time.

Texas also led a 26-state federal lawsuit two years ago seeking to halt President Barack Obama's immigration policies that would have protected migrants from deportation. Last month, the U.S. Supreme Court deadlocked on the issue by an even split — which, in effect, upheld a lower court ruling that had ruled in the states' favor.

Hilbert said the Texas Civil Rights Project actually received terms of the settlement on Friday, but an announcement was held until Monday to allow all parties to sign the court papers. Per the court's ruling, Texas is now compelled to allow a wide array of documentation from immigrant parents seeking their children's birth certificates.

The allowable 28 supporting documents are:

• Recent Utility bill with current address;
• Recent Paycheck stub;
• Public assistance applications or letters;
• Signed valid voter’s registration card;
• Police report or stolen identification;
• Official School transcript;
• Bank account statement;
• Social security letter;
• Marriage license;
• Divorce decree
• Certified birth certificate from Department of State (FS-240, DS-1350 or FS-545), state or other than Texas, District of Columbia or other country;

• Automobile insurance card or contract;
• Lease agreement;
• Loan or installment payment contract
• Promissory notes or loan contracts;
• Court order;
• Property titles or liens;
• Automobile titles;
• Library card;
• Fishing or hunting license;
• Recent Medical records and bills;
• Auto registration;
• Religious records with signature of religious official;
• Expired secondary document;
• Recent Rent receipt with address and name;
• Recent cell phone bill or contract;
• Federal, state, or local tax records;
• Department of Homeland Security Notices or correspondence.