Mexican Illegals Suing Texas for Withholding Illegal Kids' Birth Certificates.

A group of Mexican citizens living in Texas have filed a lawsuit against the state for withholding birth certificates for their American-born children.

The suit, which was filed last month in Austin's U.S. District Court, claims the state has refused to give 23 children birth certificates because the parents can't provide the proper photo identification that is required under state law.

However, the parents argue that Texas is violating the 14th Amendment, which guarantees citizenship to anyone born in America, regardless if their parents are citizens or not.
The lawsuit does not outright say the parents are illegal immigrants, but strongly suggests it -- at one point alleging the state is denying their kids birth certificates due to their "immigration status."

“We’re trying to resolve this issue once and for all,” Efren Olivares, the plaintiffs' lawyer who also works with the Texas Civil Rights Project, told FoxNews.com. “Our two main objectives: obtain birth certificates for the 23 children and to obtain a clear statement from the state agency as to what people in this situation will have to produce in the future to get their birth certificate.”

The concept of birthright citizenship is controversial in its own right, with illegal immigration foes concerned that undocumented parents are having children inside the U.S. to help the entire family stay in the country.

But the right is nevertheless enshrined in the Constitution. Yet some illegal immigrant parents in Texas have had trouble getting a birth certificate for their kids because they themselves lack the right papers.

"Enshrined in the Constitution". I don't think so.

http://www.14thamendment.us/birthright_citizenship/original_intent.html

As Trump has suggested, and he will do if/when elected, we need to build a wall 'n make those leeches pay for it. Like Trump, I'm for immigration-LEGAL immigration. This crap needs to be stopped; same for all of the other foreigners getting into this country 'n plotting against us at the behest of the "leader" of this country, who'd just as soon see our ruination. I was open minded 'n willing to give said "leader" a chance when he was elected by the blind sheep of this country. He has failed miserably. The only things he's succeeded at are alienating our allies 'n dividing this country.

All that is needed to correct the problem is some attention from Congress and support from the President. But everything is about votes and politics now so the interests of the citizen gets washed aside.

Well Trump has a wedge he can drive into the 14th Amendment argument. The salient issue is you can't deny birthright citizenship without due process of law.

It should not be difficult to show Mr. & Mrs. Immigrant had no history in the US before baby is born on a sidewalk in Dallas. No W2's, no property tax, utility bills, rent receipts in their name. No vehicle registration, drivers license, VOTER ID CARD, social security number, and on and on.

I'm supposed to believe that a 9 months pregnant woman woke up one day in Guatemala and said "Hey, Raul, let's go to Vegas for a picnic before I drop this kid!". Yeah, that's the ticket!

If people can't prove the birth was unintentional (3 months premature for example) or somehow coincidental to their arrival, then the kid should stay the nationality of the parents. The only thing you might want to do on compassionate grounds pay to fly them home. Getting citizenship just because your mommy whelped you out on the lawn of a park she likely can't even pronounce, seems like too high a reward.

Lack of previous intent by virtue of having established a life in the US for some time before the birth would denote fraudulent intent. Citizenship is null and void for the child.

I'd be curious to know how many women give birth in Mexico every year from other countries? You know, they just don't cross the finish line into the States. Are they automatically Mexican citizens? If so, I wonder how many refuse Mexican citizenship. "Thanks, but we're good. Gonna go home and stick another bun in the Juanita oven. Maybe head for the States earlier next time."

maybe this lawsuit will make it to the Scrotus.

A birth certificate is supposed to provide VITAL FACTS

so if one is born in ohio, that should be stated
ifo ne is born to americans or foreigners, that should be stated
if one is born with working girl/boy parts, that should be stated
and if one is born from a certain ancestry(white, black,,etc) that should be stated

if any of this changes, there should be opportunity for certificates to be 'amended', but I dont get why all this hullabaloo from special interests to have the ORIGINAL birth certificate reflect something other than biological/tangible FACTS


the LGBT and surrogate parents are fighting the same battle. to have birth certificates listing them as mother and father,, (or mother and mother?, father and father?)

VITAL FACT: Citizenship

but not specifically on the birth certificate

just the place for name of mother and place they were bron
and father and place they were born

Seriously though, this will climb the appellate court's circuit like a squirrel on meth. hope they bring one of the original drafts of the amendment and have the ink and paper radiocarbon dated to prove that it hasn't been altered.
They should also have to read the oath they swore to and uphold the constitution I and others swore to defend. Should be some job openings but the cost of living is gonna go up. Bastards...

That's a separate issue, as same sex conception is technically physiologically impossible. There needs to be a third line for the non-DNA related legal guardian. The surrogate would be the parent, I think the child has the right to know the truth.
Immigrants, mmmmm.... Not legal residents, some do have drivers licenses, bills utilities.... Corporate America spends the $ the same regardless of whose wallet it comes from. Like TRUMP, he doesn't care if illegal immigrants are working on his LUXURY TRUMP HOTEL TRUMP IN WASHINGTON TRUMP DC TRUMP. Trump, Harrumph. He has guys who know people trust him and all of a sudden there a baby. Let's call them tax shelter babies, or under the table money laundering babies. Maybe bankruptcy babies, though he won't confess to being responsible.
Illegal immigrants have people too, they know guys too and they buy social security#s fake I.D.s.... Credit cards government jobs they don't hide. They congregate too and that's how we ended up with sanctuary cities in the first place. Somebody lobbied for them to both parties local county state.... Whatever race or nationality they are they don't all come from Mexico though most enter from Mexico. We need to start penalizing the corporations that have been profiting from our demise. That's a good starting point.

Just though about this, court houses have holding cells... Could save a bit of money if they're walking right in to see a judge.... Just sayin'....

This is yet another example of how our Constitution and many of our laws as well, do and don't work as the authors hope they will.

The 14th Amendment was indeed written with one target group in mind, but in character with the entire Constitution, was written in a very broad manner.

Since we in this country at least TRY to be a nation of Laws, and not a nation of Individual Willful Leaders, it's very common to discover that though we had some specific intention in mind at the time we passed a law into guiding each others lives, after it's in place, we have to do what it ACTUALLY SAYS, and not what we were thinking it said when we wrote it so badly.

That means one of two things, when it comes to the Constitution: either we need to write another Amendment, or we hope that the Supreme Court will redefine what the law says in a manner that we can live with.

So far, the Supreme Court hasn't ruled yet that we can interpret the 14th to mean what most people seem to want it to mean (that foreign visitors can't give birth here and gain automatic citizenship for their kids). Until they do, or until Congress directly acts to initiate an Amendment, this controversy will continue, just like all the other COnstitutional hot-button issues.

Bottom line: "original intent" doesn't matter until the Supreme Court SPECIFICALLY says it does, in each individual instance.