Texas Republicans Violate The Constitution By Denying Citizenship To US Born Hispanic Children

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On Monday, the Texas Observer’s Melissa del Bosque broke a story revealing that the state of Texas has been deliberately violating the 14th amendment, by refusing to issue birth certificates to dozens of American-born children of undocumented Hispanic immigrants.

In May, four women filed a civil rights lawsuit against the Texas Department of State Health Services for unconstitutional discrimination, and for interfering with the federal government’s authority over immigration matters. The plaintiffs are being represented by Texas RioGrande Legal Aid Attorney Jennifer Harbury.

The four plaintiffs are just the tip of the iceberg, however. Harbury notes that since filing the suit, she has received calls from dozens of other women whose children also were not permitted to obtain a birth certificate even though they were born in the United States.

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The lawsuit alleges that employees for the Texas Department of State Health Services in Cameron and Hidalgo counties refused to accept photo IDs from the mothers, because those IDs were not presented along with a current U.S. visa. This means employees are no longer accepting foreign passports and the matricula consular photo ID issued by the Mexican Consulate, even though those forms of ID have always been considered sufficient for verifying a mother’s identity in the past.

Texas state law even specifies that a mother’s foreign ID is valid proof of identity if she has no Texas driver’s license or U.S. passport. However, the state is now ignoring its own laws as well as violating the United States Constitution.

While state of Texas employees may be trying to end birthright citizenship for children of undocumented Mexican and Central American immigrants, they have no authority to do so. Section 1 of the 14th amendment to the U.S. Constitution makes it very clear that birthright citizenship is the law of the land. The first sentence to section 1 of the 14th amendment reads:

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.

The state of Texas has no legal right to discard the Constitution, simply because they do not like what it says. Birthright citizenship is guaranteed by the supreme law of the land. If Texas does not honor that right, they are clearly violating the civil rights of the U.S. born children that they refuse to recognize as American citizens.

32 Replies to “Texas Republicans Violate The Constitution By Denying Citizenship To US Born Hispanic Children”

  1. Not a damned thing, and with the Jade Helm exercises that started today with Texas being considered enemy territory maybe that consideration isn’t very far off the mark.

  2. All that denied citizenship should be arrested as Domestic Terrorists for they have shown by their actions they do not support the U S Constitution. If Texas tries to defend these people then all military equipment and personnel should be pulled out of Texas. The state should lose any and all Federal dollars and any and all Congress members from Texas should be removed from Congress. This is called playing hardball and this needs to be done with any and all that violate the US Constitution.

  3. Texas is the modern day Sodom and Gomorrah and we all know what God did with them. This place thinks it don’t have to obey the laws of the land, so it’s time to make them pay. Stop all Federal funding, place sanctions on the entire state. To sum it up F**k em!

  4. They complained when president Obama’s father was not a US citizen but his mother was and Obama was born in Hawaii, you know the 50th state.

    Raphael was born in CANADA, to a US citizen mother and a Cuban NON US citizen father. Canada is NOT the 51st state.

    They point to the FATHER’S citizenship, but seem clueless about Raphael’s NON-US CITIZEN father.

  5. Are we positive his mother is a real citizen of the US? Im not so sure. Why Canada and not the country she was from? Trying to hide an illegal husband and child?

  6. A gal on the FB side comment:
    “A nation of 330,000,000 & 18 trillion in debt does not need more poor uneducated immigrants!”

    Ahem, these are children BORN on United States soil and they are U.S. citizen whether she likes it or not.

    I won’t go into the IMMIGRANTS are vital to our economy.

    Tea bag/repubs can be so CLUELESS.

  7. Don’t you just love the fact that these people and their ‘high ground?” If this was an issue over “religious liberty”, Marriage, Anti-Abortion, or any other numerous GOP issues of contention they would be screaming bloody murder about it!

    Instead, we have another classic demonstration of the contempt for the Constitution, Rule of Law and its authority! This should be dealt both severely and with extreme prejudice!

    This as well as similar displays of willful disregard for the “laws and rights” of individuals is unacceptable and should not be tolerated even at a minimal infraction!

    States always complain about their “rights” being impinged by the Federal government. In this case, they are interfering and ignoring federal laws as well as their own “state” laws too.

    What gives them the “right” to ignore “law” in this issue? And to be without consequences in this action?

  8. Oh wow! What about sanctuary cities? Isn’t that unconstitutional as well? Can’t have it both ways, and TWO WRONGS DONT MAKE A RIGHT! Unbelievable, if it is on your personal agenda it’s ok, legal or not. If it isn’t raise hell. Hypocrisy at its finest!

  9. To demonstrate their commitment to “the law of the land” and our sacred U.S. Constitution, many conservative pundits and politicians strive to eliminate those Amendments that conflict with their ideology, simply ignore other sections that they find inconvenient to honor, and to pick and choose which court rulings they deem worthy to uphold and which federal laws they will encourage their constituents to defy.

  10. All those who denied people of their citizenship should lose their own since they don’t believe in the U.S. Constitution.

  11. Texas doesn’t like our constitution they need to get the hell out of our country and they most pay for relocation of all their citizens who don’t want to be in a rogue state! Texas is a state ran by the most racist, reactionary, callous cretins in the country!

  12. Only one issue is unconstitutional. Just because you disagree with sanctuary cities doesn’t mean its illegal or unconstitutional. No city is required under the Constitution to do the work of the Federal government in arresting or detaining suspected illegal immigrants without a warrant. States, however are required under the Constitution to provide documentation of citizenship for children born on US soil.

  13. Cities are not agencies that enforce federal laws and there is nothing in the Constitution that obliges them to do so.
    On the other hand, states are required by the Constitution to recognize those born within their borders as citizens of both that state and the United States.
    You seem to be lacking in your civics and government education to even try to equate these two issues.

  14. It could also be added that most of the immigrants that came to America over the last few hundred years were poor and uneducated and things turned out pretty well in the long run.

  15. As a Texan I am appalled by actions of the County officials from my state who denied these birth certificates. As a political science professor I think you should take a step back.

    What happened here was definitely wrong, possibly unconstitutional and definitely a travesty. However, nobody has denied citizenship to anybody. Nobody here has that power.

    A birth certificate is an administrative document issued by the state recording a birth. The Constitution of the United States is a document which, through the 14th Amendment, confers citizenship to persons born in this country.

  16. A birth certificate is required documentation for proving one is a U.S. citizen.

    If it gets denied- you can’t prove you were born in the U.S.

    It doesn’t take a Rocket Scientist to see the motivation here.

  17. Excuse me Mr. Political Science Professor but how will one get their voter ID, Driver licensees and any form of ID just to open a bank account if you don’t have a valid birth certificate? Exactly where are you a professor at? The John Hagge school of the stupid?

  18. …there’s a BIG diff between stupidity and willful ignorance…Teatards, Teahadists, and NeoConArtists are in the latter category…they all KNOW better, they just choose to ignore laws they don’t like and refuse to follow ’em…
    …am starting to think the only cure for Texas is to evac all reasonable peeps, and then get rid o’ the worlds nukes by blowing ’em in Central Texas…[wink]

  19. America is a nation because immigrants fought in the Revolutionary War to end tyranny. How many of their descendants fought in Viet Nam? In Afghanistan? In Iraq? To deny today’s immigrants the same right to seek Life, Liberty, and the Pursuit of Happiness is just plain wrong!

  20. Bullshit.

    Cities are run by governments. And any government in the United States has to abide by the U.S. Constitution as well.

    Fail yet again Beyer. Where’d you go to get your law degree? BYU?

  21. Before that tragic shooting in San Francisco, chances are you never even heard the term “sanctuary cities.” Yet, with the right wing noise and hate machine screaming about it, NOW you hate sanctuary cities.

  22. Now you tell me that Hispanics should vote Republican on the next election!!!! It’s about time for Hispanic Americans to realize that it is in their best interest and the future of their families to vote Democrat. The Republican Party and their Texan Wing couldn’t care less about the future of “brownies” or blacks.

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