Texas abandons the 14th Amendment

United States Constitution, Amendment 14, Section 1:

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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

 
Since 1868, the 14th Amendment of the United States Constitution has guaranteed citizenship to all children born within its borders. The recent influx of illegal immigration, largely from Central American countries, has led to a large increase in children born to undocumented immigrants.

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This seems to have inspired some in Texas to take matters into their own hands, even if it meant abridging the 14th Amendment rights of some natural-born citizens. Officials of the counties of Cameron and Hidalgo have been refusing to issue birth certificates to children born to men and women who lack documentation proving that they are in the United States legally.

Previously, to prove their own identity, parents could use a foreign passport when applying for their child’s birth certificates. However, county officials are now insisting that parents applying for birth certificates using foreign passports must also have a current U.S. visa, leaving many children without a birth certificate.

What difference does it make? Jennifer Harbury, a lawyer representing women whose children have been denied birth certificates in a civil rights lawsuit, points out “It causes all kinds of problems.” Without a birth certificate, parents are unable to prove that a child is their own, leaving them unable to enroll their child in school or even make medical decisions for their child.

Texas “going rogue” is clearly not a new phenomenon. The Lone Star State takes pride in their Wild West roots and their independent thinking. However, Texas has taken to flying in the face of federal mandates and even the United States Constitution. Most recently, two of Texas’ county clerks have refused to abide by the US Supreme Court’s decision and are still refusing to grant marriage licenses to same-sex couples.

The failure of Texas to issue birth certificates to natural-born United States citizens because of their parentage paints an ugly picture of both the State’s contentious relationship with the federal government and their open hostility to immigrants. It is also simply unconstitutional and illegal.

About Kelley

After serving in the Peace Corps in Guatemala, Kelley has returned home to the U.S. and is now working on Arsenal for Democracy as a co-host and contributor.
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