Case: Perales Serna v. Texas Department of State Health Services, Vital Statistics Unit

1:15-cv-00446 | U.S. District Court for the Western District of Texas

Filed Date: May 26, 2015

Closed Date: 2017

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Case Summary

On May 26, 2015, a group of parents and guardians of children born in Texas, and a nonprofit advocacy organization, filed this lawsuit in the U.S. District Court for the Western District of Texas. Represented by Texas RioGrande Legal Aid and the Texas Civil Rights Project, the plaintiffs sued the Texas Department of State Health Services (DSHS) under 42 U.S.C. § 1983 for declaratory and injunctive relief.The plaintiffs, all Mexican citizens, asked for the release of certified copies of their U.…

The plaintiffs, all Mexican citizens, asked for the release of certified copies of their U.S.-citizen children's birth certificates. The defendant had, according to the plaintiffs, recently changed longstanding regulations and was now refusing to accept official Mexican-issued identification (matricula consular) as proof of parents' identity and relationship with their children. Consequently, lacking birth certificates for their children, the plaintiffs could not prove their children's U.S. citizenship nor their parent-child relationships.

The plaintiffs claimed that the defendant was discriminating on the basis of national origin and only withholding the birth certificates because of the parents' immigration status and national origin. Further, the plaintiffs maintained, the defendants were interfering with exclusive federal authority over matters involving immigrants' documentation and diplomatic affairs with consulates issuing identity documents. Thus, the plaintiffs alleged, the defendant's actions violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment and the Supremacy Clause of the U.S. Constitution. Further, the plaintiffs alleged violations of the Texas State Administrative Procedures Act.

On July 22, DSHS moved to dismiss the complaint, claiming a lack of subject-matter jurisdiction under the Eleventh Amendment and the doctrine of state sovereign immunity, and failure to state a claim under the requirements of § 1983, preemption doctrine, and the Supremacy Clause. The plaintiffs responded on August 5, arguing that this case properly stated jurisdiction and a valid claim; the defendant replied on August 13.

On August 21, the plaintiffs moved for an emergency preliminary injunction. The plaintiffs argued that, without the birth certificates, the parents and children would suffer irreparable harm by being unable to access rights such as education, housing, and healthcare, to protect the children from deportation, to maintain family unity, and to ensure the children's ability to freely travel between other countries and the United States.

However, on October 16, 2015, Judge Pitman denied the plaintiffs' request for emergency application for a temporary injunction. Judge Pitman found that, although the plaintiffs had met the burden of showing irreparable harm to the children ("it simply begs credulity for Defendants to argue a birth certificate is not a vitally important document"), the plaintiffs had not demonstrated they would likely succeed on the merits. Regarding the Fourteenth Amendment claim, the state interest in preventing fraud in birth certificates might be found to justify disfavor of Mexican-consular identity documents. The plaintiffs had not shown they were likely to prevail on the preemption claim, because the state policy did not facially preempt federal immigration policy, and the state had a compelling interest in regulating birth certificates. 2015 WL 6118623 (W.D. Tex. Oct. 16, 2015).

The plaintiffs filed a fourth amended complaint on Mar. 29, 2016, adding additional plaintiffs from Mexico and Central America. Some parents possessed no acceptable documents, while some had presented one acceptable document but had been denied a birth certificate anyway.

The parties soon entered mediation and reached a private settlement agreement on July 22, 2016. According to news reports, Texas agreed to accept some identity documents that it had been rejecting, including Mexican voter identification cards presented with secondary identification. Parents from Guatemala, El Salvador, and Honduras could also present consulate-issued documents. Texas also established a review process for rejected birth certificate applications and training for registrar officials issuing the certificates. The Court set a compliance monitoring period of nine months.

	Document
1:15-cv-00446	Docket [PACER]	May 9, 2017	May 9, 2017 Docket
82 1:15-cv-00446	Order [Denying Preliminary Injunction] Perales Serna et al v. Texas Department of State Health Services, Vital Statistics Unit et...	Oct. 16, 2015	Oct. 16, 2015 Order/Opinion 2015 WL 6118623
1 1:15-cv-00446	Complaint	Sept. 18, 2016	Sept. 18, 2016 Complaint
49 1:15-cv-00446	Order [Filing a supplement for Live Testimony]	Sept. 18, 2016	Sept. 18, 2016 Order/Opinion
127 1:15-cv-00446	Fourth Amended Complaint	Sept. 28, 2016	Sept. 28, 2016 Complaint

Title	Description		External URL Date / External URL
ACLU: Texas Can’t Deny Birth Certificates to Children Born in U.S. American Civil Liberties Union (ACLU)	HOUSTON -- The State of Texas cannot refuse to issue birth certificates to children born in the United States, according to a brief filed by the American Civil Liberties Union (ACLU) and the ACLU of …	Sept. 25, 2015	Sept. 25, 2015 https://www.aclu.org/...
Perales Serna, et al. vs Texas Department of State Health Services American Civil Liberties Union (ACLU) of Texas	Collaborating with our counterparts at the Immigrants’ Rights Project, the ACLU of Texas filed an amicus brief in support of United States citizens trying to obtain birth certificates and being denie…	Sept. 23, 2015	Sept. 23, 2015 https://www.aclutx.org/...
Lawsuit Forces Texas to Make It Easier for Immigrants to Get Birth Certificates for Children Preston, Julia	After Nancy Hernandez gave birth to a baby girl in a hospital in Texas in 2013, she went to a county office to get a birth certificate, just as she had after her first two children were born in the s…	July 24, 2015	July 24, 2015 https://www.nytimes.com/...

ECF Number	Description	Date	Link Date / Link
	Case Assigned/Reassigned	May 26, 2015	May 26, 2015
1	COMPLAINT ( Filing fee $ 400 receipt number 0542-7474658). No Summons requested at this time, filed by SZ, Luisa Ines Barragan Gutierrez, Nancy Garcia Castro, JM, KZPS, LM, LAB, Maria Isabel Perales Serna, YM, Maria Teran Uriegas. (Attachments: # 1 Civil Cover Sheet)(Harbury, Jennifer) (Additional attachment(s) added on 5/29/2015: # 2 Sealed Exhibit) (dm). (Entered: 05/26/2015) 1 Civil Cover Sheet View on PACER	May 26, 2015	May 26, 2015
2	Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document, # 2 Proposed Order) (Harbury, Jennifer) (Entered: 05/26/2015)	May 26, 2015	May 26, 2015
3	Letters to Marinda Van Dalen and Efren C. Olivares re: Non-Admitted Status. (afd) (Entered: 05/26/2015)	May 26, 2015	May 26, 2015
	Case Assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (afd)	May 26, 2015	May 26, 2015
	Order on Motion for Leave to File Sealed Document	May 27, 2015	May 27, 2015
	Text Order GRANTING 2 Motion for Leave to File Sealed Document entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (aemp)	May 27, 2015	May 27, 2015
4	MOTION to Appear Pro Hac Vice by Efren Carlos Olicares ( Filing fee $ 100 receipt number 100024349) by Luisa Ines Barragan, Nancy Garcia Castro, Maria Isabel Perales Serna, Maria Del Rosario Teran Uriegas. (dm) (Entered: 06/09/2015)	June 8, 2015	June 8, 2015
	Order on Motion to Appear Pro Hac Vice	June 10, 2015	June 10, 2015
5	MOTION to Join Parties by Luisa Ines Barragan, Nancy Garcia Castro, Maria Isabel Perales Serna, Maria Del Rosario Teran Uriegas. (Attachments: # 1 Amended Complaint, # 2 Proposed Order)(Harbury, Jennifer) (Entered: 06/10/2015) 1 Amended Complaint View on PACER 2 Proposed Order View on PACER	June 10, 2015	June 10, 2015
	Text Order GRANTING 4 Motion to Appear Pro Hac Vice by attorney Efren Carlos Olivares, entered by Judge Robert Pitman. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (aemp)	June 10, 2015	June 10, 2015
	Order on Motion to Join	June 11, 2015	June 11, 2015
6	FIRST AMENDED COMPLAINT against Kirk Cole, Geraldine Harris, Texas Department of State Health Services, Vital Statistics Unit amending 1 Complaint,., filed by Nancy Garcia Castro, Maria Isabel Perales Serna, Luisa Ines Barragan, Maria Del Rosario Teran Uriegas, Brizeida Sanchez, Juana Gomez, Yveth Vega Diaz, Juan Carlos Rodriguez Velasquez, Diana Hernandez, Antonia Rodriguez, Flavia Garza, Javier Reyes, Marcelina Rangel Martinez, Katerine Johana Portillo, Damaris Romero Hernandez de Reyes, Marta Alicia Ibarra Luna, Rosa Isela Garcia Naranjo, Nancy Hernandez, Fany Ventura.(dm) (Additional attachment(s) added on 6/16/2015: # 1 Sealed List of Names) (dm). (Entered: 06/11/2015)	June 11, 2015	June 11, 2015
	Text Order GRANTING 5 Motion to Join Parties entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (aemp)	June 11, 2015	June 11, 2015
7	Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document, # 2 Proposed Order) (Harbury, Jennifer) (Entered: 06/15/2015)	June 15, 2015	June 15, 2015
	Order on Motion for Leave to File Sealed Document	June 16, 2015	June 16, 2015
8	REQUEST FOR ISSUANCE OF SUMMONS by Luisa Ines Barragan, Nancy Garcia Castro, Rosa Isela Garcia Naranjo, Flavia Garza, Juana Gomez, Diana Hernandez, Nancy Hernandez, Marta Alicia Ibarra Luna, Maria Isabel Perales Serna, Katerine Johana Portillo, Marcelina Rangel Martinez, Javier Reyes, Antonia Rodriguez, Juan Carlos Rodriguez Velasquez, Damaris Romero Hernandez de Reyes, Brizeida Sanchez, Maria Del Rosario Teran Uriegas, Yveth Vega Diaz, Fany Ventura. (Harbury, Jennifer) (Entered: 06/16/2015)	June 16, 2015	June 16, 2015
	Text Order GRANTING 7 Motion for Leave to File Sealed Document entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (aemp)	June 16, 2015	June 16, 2015
10	REQUEST FOR ISSUANCE OF SUMMONS by Luisa Ines Barragan, Nancy Garcia Castro, Rosa Isela Garcia Naranjo, Flavia Garza, Juana Gomez, Diana Hernandez, Nancy Hernandez, Marta Alicia Ibarra Luna, Maria Isabel Perales Serna, Katerine Johana Portillo, Marcelina Rangel Martinez, Javier Reyes, Antonia Rodriguez, Juan Carlos Rodriguez Velasquez, Damaris Romero Hernandez de Reyes, Brizeida Sanchez, Maria Del Rosario Teran Uriegas, Yveth Vega Diaz, Fany Ventura. (Harbury, Jennifer) (Entered: 06/17/2015)	June 17, 2015	June 17, 2015
9	Summons Issued as to Kirk Cole, Geraldine Harris, Texas Department of State Health Services, Vital Statistics Unit. (dm) (Entered: 06/17/2015)	June 17, 2015	June 17, 2015
11	Summons Reissued as to Kirk Cole, Geraldine Harris, Texas Department of State Health Services, Vital Statistics Unit. (dm) (Entered: 06/18/2015)	June 18, 2015	June 18, 2015
	Set/Reset Answer Deadline	June 26, 2015	June 26, 2015
	Order on Motion for Extension of Time to Answer	June 26, 2015	June 26, 2015
12	Unopposed MOTION for Extension of Time to File Answer re 6 Amended Complaint,, by Kirk Cole, Geraldine Harris, Texas Department of State Health Services, Vital Statistics Unit. (Attachments: # 1 Proposed Order)(Albright, Thomas) (Entered: 06/26/2015) 1 Proposed Order View on PACER	June 26, 2015	June 26, 2015
	Text Order GRANTING 12 Motion for Extension of Time to Answer entered by Judge Robert Pitman. Deft's responsive pleading due by July 22, 2015. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)	June 26, 2015	June 26, 2015
	Reset Deadlines: Kirk Cole answer due 7/22/2015; Geraldine Harris answer due 7/22/2015; Texas Department of State Health Services, Vital Statistics Unit answer due 7/22/2015. (dm)	June 26, 2015	June 26, 2015
13	CERTIFICATE OF SERVICE by Luisa Ines Barragan, Nancy Garcia Castro, Rosa Isela Garcia Naranjo, Flavia Garza, Juana Gomez, Diana Hernandez, Nancy Hernandez, Marta Alicia Ibarra Luna, Maria Isabel Perales Serna, Katerine Johana Portillo, Marcelina Rangel Martinez, Javier Reyes, Antonia Rodriguez, Juan Carlos Rodriguez Velasquez, Damaris Romero Hernandez de Reyes, Brizeida Sanchez, Maria Del Rosario Teran Uriegas, Yveth Vega Diaz, Fany Ventura (Harbury, Jennifer) (Entered: 06/29/2015)	June 29, 2015	June 29, 2015
14	CERTIFICATE OF SERVICE by Luisa Ines Barragan, Nancy Garcia Castro, Rosa Isela Garcia Naranjo, Flavia Garza, Juana Gomez, Diana Hernandez, Nancy Hernandez, Marta Alicia Ibarra Luna, Maria Isabel Perales Serna, Katerine Johana Portillo, Marcelina Rangel Martinez, Javier Reyes, Antonia Rodriguez, Juan Carlos Rodriguez Velasquez, Damaris Romero Hernandez de Reyes, Brizeida Sanchez, Maria Del Rosario Teran Uriegas, Yveth Vega Diaz, Fany Ventura (Harbury, Jennifer) (Entered: 06/29/2015)	June 29, 2015	June 29, 2015
15	CERTIFICATE OF SERVICE by Luisa Ines Barragan, Nancy Garcia Castro, Rosa Isela Garcia Naranjo, Flavia Garza, Juana Gomez, Diana Hernandez, Nancy Hernandez, Marta Alicia Ibarra Luna, Maria Isabel Perales Serna, Katerine Johana Portillo, Marcelina Rangel Martinez, Javier Reyes, Antonia Rodriguez, Juan Carlos Rodriguez Velasquez, Damaris Romero Hernandez de Reyes, Brizeida Sanchez, Maria Del Rosario Teran Uriegas, Yveth Vega Diaz, Fany Ventura (Harbury, Jennifer) (Entered: 06/29/2015)	June 29, 2015	June 29, 2015
16	MOTION to Dismiss under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Kirk Cole, Geraldine Harris, Texas Department of State Health Services, Vital Statistics Unit. (Albright, Thomas) (Entered: 07/22/2015)	July 22, 2015	July 22, 2015
17	Response in Opposition to Motion, filed by Luisa Ines Barragan, Nancy Garcia Castro, Rosa Isela Garcia Naranjo, Flavia Garza, Juana Gomez, Diana Hernandez, Nancy Hernandez, Marta Alicia Ibarra Luna, Maria Isabel Perales Serna, Katerine Johana Portillo, Marcelina Rangel Martinez, Javier Reyes, Antonia Rodriguez, Juan Carlos Rodriguez Velasquez, Damaris Romero Hernandez de Reyes, Brizeida Sanchez, Maria Del Rosario Teran Uriegas, Yveth Vega Diaz, Fany Ventura, re 16 MOTION to Dismiss under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Defendant Geraldine Harris, Defendant Texas Department of State Health Services, Vital Statistics Unit, Defendant Kirk Cole (Attachments: # 1 Proposed Order)(Harbury, Jennifer) (Entered: 08/05/2015) 1 Proposed Order View on PACER	Aug. 5, 2015	Aug. 5, 2015
19	MOTION for Leave to File Amicus Brief by Cheryl R. Drazin. by Anti-Defamation League. (Attachments: # 1 Amicus Letter Brief)(dm) (Entered: 08/13/2015) 1 Amicus Letter Brief View on PACER	Aug. 12, 2015	Aug. 12, 2015
18	REPLY to Response to Motion, filed by Kirk Cole, Geraldine Harris, Texas Department of State Health Services, Vital Statistics Unit, re 16 MOTION to Dismiss under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Defendant Geraldine Harris, Defendant Texas Department of State Health Services, Vital Statistics Unit, Defendant Kirk Cole (Albright, Thomas) (Entered: 08/13/2015)	Aug. 13, 2015	Aug. 13, 2015
20	Response in Opposition to Motion, filed by Kirk Cole, Geraldine Harris, Texas Department of State Health Services, Vital Statistics Unit, re 19 MOTION for Leave to File Amicus Brief by Cheryl R. Drazin. filed by Amicus Anti-Defamation League (Albright, Thomas) (Entered: 08/13/2015)	Aug. 13, 2015	Aug. 13, 2015
	Order on Motion for Leave to File Amicus Brief	Aug. 14, 2015	Aug. 14, 2015
21	AMICUS LETTER BRIEF by Anti-Defamation League. (dm) (Entered: 08/14/2015)	Aug. 14, 2015	Aug. 14, 2015
	Text Order GRANTING 19 Motion for Leave to File Amicus Brief entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (aemp)	Aug. 14, 2015	Aug. 14, 2015
22	MOTION to Amend Complaint by Luisa Ines Barragan, Nancy Garcia Castro, Rosa Isela Garcia Naranjo, Flavia Garza, Juana Gomez, Diana Hernandez, Nancy Hernandez, Marta Alicia Ibarra Luna, Maria Isabel Perales Serna, Katerine Johana Portillo, Marcelina Rangel Martinez, Javier Reyes, Antonia Rodriguez, Juan Carlos Rodriguez Velasquez, Damaris Romero Hernandez de Reyes, Brizeida Sanchez, Maria Del Rosario Teran Uriegas, Yveth Vega Diaz, Fany Ventura. (Attachments: # 1 Amended Complaint, # 2 Proposed Order)(Harbury, Jennifer) (Entered: 08/18/2015) 1 Amended Complaint View on PACER 2 Proposed Order View on PACER	Aug. 18, 2015	Aug. 18, 2015
23	NOTICE of Correction by Luisa Ines Barragan, Nancy Garcia Castro, Rosa Isela Garcia Naranjo, Flavia Garza, Juana Gomez, Diana Hernandez, Nancy Hernandez, Marta Alicia Ibarra Luna, Maria Isabel Perales Serna, Katerine Johana Portillo, Marcelina Rangel Martinez, Javier Reyes, Antonia Rodriguez, Juan Carlos Rodriguez Velasquez, Damaris Romero Hernandez de Reyes, Brizeida Sanchez, Maria Del Rosario Teran Uriegas, Yveth Vega Diaz, Fany Ventura (Harbury, Jennifer) (Entered: 08/18/2015)	Aug. 18, 2015	Aug. 18, 2015
24	Unopposed MOTION for Leave to Exceed Page Limitation by Luisa Ines Barragan, Nancy Garcia Castro, Rosa Isela Garcia Naranjo, Flavia Garza, Juana Gomez, Diana Hernandez, Nancy Hernandez, Marta Alicia Ibarra Luna, Maria Isabel Perales Serna, Katerine Johana Portillo, Marcelina Rangel Martinez, Javier Reyes, Antonia Rodriguez, Juan Carlos Rodriguez Velasquez, Damaris Romero Hernandez de Reyes, Brizeida Sanchez, Maria Del Rosario Teran Uriegas, Yveth Vega Diaz, Fany Ventura. (Attachments: # 1 Proposed Order)(Harbury, Jennifer) (Entered: 08/21/2015) 1 Proposed Order View on PACER	Aug. 21, 2015	Aug. 21, 2015

Case: Perales Serna v. Texas Department of State Health Services, Vital Statistics Unit

1:15-cv-00446 | U.S. District Court for the Western District of Texas

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