A judge has denied preliminary relief to illegal immigrants claiming entitlement to birth certificates for their children born in the U.S.
As Reported By Breitbart:
A federal judge signed an order on Friday that denied a preliminary injunction in a lawsuit filed by citizens of Mexico and several Central American nations claiming entitlement to birth certificates for their children born in the United States. They sued the Vital Statistics Unit of the Texas Department of State Health Services saying the agency denied them the certificates because they did not possess the required identification.
As reported by Breitbart Texas in July, the parent plaintiffs of the 23 children claimed that the state of Texas violated their children’s rights because the Fourteenth Amendment provides that any child born on U.S. soil is an American citizen as well as a citizen of the state where they reside. The plaintiffs and their children reside in Texas. La Union del Pueblo Entero, Inc. (“LUPE”) is also a plaintiff in the case. LUPE describes itself as a non-profit organization dedicated to promoting the health, education, labor, and civil rights of indigent farm workers and other low-wage workers in the Rio Grande Valley.
The illegal immigrants filed a lawsuit in U.S. District Court in Austin in June stating that the birth certificates were being denied because of their immigration status. The plaintiff illegal immigrants argued that, “Such refusal is de facto based upon the immigrant status of the Plaintiff parents.”
In the lawsuit, the parents did not refer to themselves as “immigrants,” or “illegal immigrants.” They referred to themselves in their legal capacity “as next friend.”
In the petition filed in federal court in the Western District, the parents cited the Equal Protection Clause and the Supremacy Clause, and alleged that their rights were being violated under these sections.
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