Serna v. Texas Department of State Health Services is a pioneering lawsuit which championed children born in the United States to undocumented parents. This lawsuit challenged a Texas policy that made it impossible for undocumented immigrant parents to obtain certified copies of birth certificates for their Texas-born children. This article argues that, by requiring forms of identification out of reach for most undocumented immigrants to apply for a certified copy of a birth certificate in Texas, the State deprived the U.S. citizen children of their rights. The case focuses on Texas, but the issue transcends state lines, and this article looks at the requirements for applying for a certified copy a birth certificate throughout the United States and the implications of these policies for U.S.-born children of undocumented parents. Using Serna as a backdrop, this article considers how unreasonably denying citizens access to their birth certificates interferes with the full rights of their citizenship. To do so, this article explores the arguments made by both parties in Serna to recommend strategies for advocates and sympathetic policy-makers to remove barriers preventing undocumented immigrants from obtaining their children’s birth certificates.
The discriminatory laws, practices, and policies promised and delivered by President Trump have social, political, and economic ramifications. First, they reinforce misconceptions about Islam as an inherently violent religion. Second, they breed intolerance, fear, and hostility among the general population
Scholars discuss the most significant immigration-related cases before the U.S. Supreme Court, their ramifications, and what to expect in 2020.
In 2001, the New York Court of Appeals unanimously ruled, in Aliessa v. Novello, that it was unconstitutional for New York State to bar immigrants who lawfully reside in the United States from receiving state-funded Medicaid benefits.
Migrant children fleeing violence in their native countries have experienced severe psychological trauma before and after entering the country when we separated them from their families and placed them in detention facilities, and some families remain separated.