Texas reaches deal on birth certificates for immigrants' children

Law professor: Settlement 'wonderful' for undocumented parents

SAN ANTONIO – Last Friday’s court settlement requiring new proof to obtain birth certificates for U.S.-born children will be “wonderful for undocumented parents,” said Erica Schommer, St. Mary’s University clinical assistant professor of law, with the university’s Center for Legal and Social Justice.

“It’s going to alleviate a lot of stress for families,” Schommer said.

Efren Olivares, the lawsuit’s lead attorney with the South Texas Civil Rights Project, said rather than a “matricula consular,” the consular ID no longer accepted by the State of Texas, or a passport and visa that were required instead, they can get the new needed documents at Mexican and Central American consulates in the Rio Grande Valley.

Olivares said they can get a Mexican voting card or a consular certification paper for Central Americans. He said vital statistic officials are being prepared for the change that takes effect immediately.

Olivares said the federal court that ordered the mediated settlement will be monitoring to make certain the birth certificates are being issued correctly. He also said the Texas Department of Health and Human Services will soon create a process to review any complaints by parents claiming they were wrongly denied birth certificates.

Schommer said the state took a strong law and order stance after the record exodus of Central American children and families entered two years ago. She said the change of rejecting the “matricula consular” was made believing it would discourage new arrivals.

Given the current increase, Schommer said, “I don’t think it had the intended impact of making people go away.”

Rather than children entering the U.S. who were born elsewhere, she said, “It was impacting people who have lived here for a long time with U.S. citizen children born in Texas.”

Olivares said the federal lawsuit was filed on behalf of families who contended they were being discriminated against by the state of Texas.

Schommer said without a birth certificate, they were denied what many take for granted in the U.S., such as enrolling their children in school and applying for benefits like Medicaid or food stamps.


About the Author:

Jessie Degollado has been with KSAT since 1984. She is a general assignments reporter who covers a wide variety of stories. Raised in Laredo and as an anchor/reporter at KRGV in the Rio Grande Valley, Jessie is especially familiar with border and immigration issues. In 2007, Jessie also was inducted into the San Antonio Women's Hall of Fame.