Goddam Texas…

Texas seeks to dismiss lawsuit over denial of birth certificates to naturally born citizens of immigrants

Texas Attorney General Ken Paxton on Wednesday asked a federal district judge to dismiss a lawsuit that claims a state agency violated the U.S. Constitution by denying birth certificates to U.S.-citizen children of immigrant parents.

Attorneys with Paxton’s office said that the Texas Department of State Health Services, which is being sued by 17 families living in Cameron, Hidalgo and Starr counties, has sovereign immunity under the 11th Amendment and cannot be sued in federal court because it has not waived that right, according to court documents.

The immunity extends to interim DSHS Commissioner Kirk Cole and State Registrar Geraldine Harris, who are also named as defendants in the suit, Paxton’s office argues.

A spokesperson in Paxton’s office would not discuss the filing further, saying the “motion speaks for itself.” A spokesperson for the health agency was not available to comment.