A group of Mexican citizens living in Texas have filed a lawsuit against the state for withholding birth certificates for their American-born children. 

The suit, which was filed last month in Austin's U.S. District Court, claims the state has refused to give 23 children birth certificates because the parents can't provide the proper photo identification that is required under state law.

However, the parents argue that Texas is violating the 14th Amendment, which guarantees citizenship to anyone born in America, regardless if their parents are citizens or not.

Fox News reported:

The lawsuit does not outright say the parents are illegal immigrants, but strongly suggests it -- at one point alleging the state is denying their kids birth certificates due to their "immigration status."

“We’re trying to resolve this issue once and for all,” Efren Olivares, the plaintiffs' lawyer who also works with the Texas Civil Rights Project, told FoxNews.com. “Our two main objectives: obtain birth certificates for the 23 children and to obtain a clear statement from the state agency as to what people in this situation will have to produce in the future to get their birth certificate.”

The concept of birthright citizenship is controversial in its own right, with illegal immigration foes concerned that undocumented parents are having children inside the U.S. to help the entire family stay in the country.

But the right is nevertheless enshrined in the Constitution. Yet some illegal immigrant parents in Texas have had trouble getting a birth certificate for their kids because they themselves lack the right papers.


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