On May 26th 2015, a group of parents and guardians of children in Texas filed this lawsuit in U.S District Court in the Western District of Texas. The plaintiffs sued Texas Department of State Health Services under 28 U.S.C. §2201 and 42 U.S.C. § 1983 for violating the due process clause of the Fourteenth Amendment. The plaintiffs, represented by LUPE, a non-profit organization in Texas, asked for the release of the birth certificates to the parents of these American-born children. The plaintiffs claimed that defendant’s actions of not releasing the birth certificates violated the Fourteenth Amendment and the Supremacy Clause of the United States Constitution.

Specifically, the plaintiffs claimed that the defendants were discriminating on the basis of national origin and only holding on to the birth certificates because they are children of immigrants.

Texas DSHS moved to dismiss the complaint, claiming a lack of subject-matter jurisdiction under the Eleventh amendment and state sovereign immunity. They also move to dismiss the complaint for failure to state a claim, first because DSHS is not a person under § 1983, and additionally because the supremacy clause and preemption clause dictate dismissal. On August 26, 2015, Judge Robert L. Pitman granted plaintiffs motion to amend and join parties. On August 26, 2015, Judge Robert L. Pitman denied without prejudice the defendant’s motion to dismiss.

On September 14, 2015 Judge Robert L. Pitman allowed the plaintiffs to have live testimony via videoconference at the hearing. The plaintiffs moved for this because some people who were testifying were no longer located in Texas.

On October 16, 2015 Judge Robert L. Pitman denied the plaintiffs request for emergency application for a temporary injunction.

As of September 28, 2016, the case is ongoing.

Megan Giles - 09/30/2016


compress summary