At issue in this case is the claim by Plaintiffs that persons without legal immigration status
in the United States are effectively denied the ability to obtain a birth certificate for children born
in Texas, who are thus citizens of the United States. Plaintiffs contend the effective bar creates
numerous issues in obtaining the rights and benefits which inure to citizens of the United States,
including enrollment in schools and social welfare programs, as well as other services such as
baptism and day care services. They maintain access to those benefits, services and programs
is contingent on presentation of a birth certificate, and thus the inability to obtain a birth certificate
effectively denies access to children born in Texas to persons without legal immigration status.
DSHS is the Texas state agency statutorily empowered to “administer the registration of
vital statistics.” TEX. HEALTH & SAFETY CODE ANN. § 191.002(a). Subject to DSHS rules, the state
registrar is required to “supply to a properly qualified applicant, on request, a certified copy of a
record, or part of a record, of a birth” registered with DSHS. Id. § 191.051(a). A “properly qualified
applicant” is defined as:
The registrant, or immediate family member either by blood, marriage or adoption,
his or her guardian, or his or her legal agent or representative. Local, state and
federal law enforcement or governmental agencies and other persons may be
designated as properly qualified applicants by demonstrating a direct and tangible
interest in the record when the information in the record is necessary to implement
a statutory provision or to protect a personal legal property right.
25 TEX. ADMIN. CODE § 181.1(21). The governing regulation (“Section 181") also mandates, to
meet the requirement that an applicant requesting a record be “properly qualified,” the applicant
“must present proof of identity acceptable to the State Registrar.” Id. § 181.28(i)(2).1
Section 181 sets forth an extensive list of acceptable forms of identification divided into
three categories – primary, secondary and supporting. Primary identification documents are a
variety of documents issued by the federal or state governments, including a driver’s license,
Prior to 2013, the forms of acceptable identification were contained not in the Texas Administrative Code,
but in the Vital Statistics Unit's Local Registrar Handbook. (Def. Resp. Decl. of Farinelli ¶ 7).
military id, passport and permanent resident card. The documents must be current and valid. Id.
§ 181.28(i)(10). Section 181 lists the following acceptable forms of secondary identification:
(I) Current student identification;
(ii) Any Primary Identification that is expired;
(iii) Signed Social Security card, or Numident;
(iv) DD Form 214 Certificate of Release;
(v) Medicaid card;
(vi) Medicare card;
(vii) Veterans Affairs card;
(viii) Medical insurance card;
(ix) Foreign Passport accompanied by a Visa issued by the United States
Department of State;
(x) Foreign Passport in accordance with the United States Department of State,
Visa Waiver Program;
(xi) Certified birth certificate from the Department of State (FS-240, DS-1350 or
FS-545);
(xii) Private Company Employment Identification card;
(xiii) Form I-94 - accompanied by the applicant's Visa or Passport;
(xiv) Mexican voter registration card; or
(xv) Foreign Identification with identifiable photo of applicant.
Id. § 181.28(i)(11)(D).
