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Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 1 of 52

AFFIDAVIT OF ESTRELLA DE JESUS CEDILLO NIETO

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 2 of 52

Affidavit of Estrella de Jesus Cedillo Nieto

My name is Estrella De Jesus Cedillo Nieto, and I swear under penalty of perjury that the following is
true and correct.
1.
2.

I am a citizen of Mexico, over the age of eighteen, and of sound mind.


In 2008, I was living in Texas, and my son,

was born in the Rio Grande City

Hospital in March 2008.


3.

A few week after his birth, we returned to live in Reynosa for a number of reasons.

4.

I had planned to remain in Reynosa, but as the cartel violence worsened, I realized we would
have to return to Texas.

5. The violence became so bad that a small child was killed at a school nearby to us.
6.

I recently returned to Texas but the crossing is extremely dangerous. I don't want my son
B-

7.

, to travel this way.

I have my own birth certificate and a Mexican matricula card, but this is not enough these days
to get a birth certificate for B-

. My mother, Paulina Nieto Ibarra was rejected even

though she had a Mexican matricula, passport and voter card.


8.

I need to obtain a U.S. birth certificate passport at once so that my son can travel here safely.

0 ~.-e\\a ce:Uio l-11-e-lo .


Estrella De Jesus Cedillo Nieto

Signed and sworn to before me a notary public in and for the State of Texas on this l1!fay

Notary Public
~,,--;,~":~''', MYRNA ESMERALDA DEANDA

li'~~t-\ No tary Public. Sta te o f Texas

~).~}-~
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''"""'''

My commission Expires
November 21 , 2016

of~ 2015.

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 3 of 52


f

Certificate of Translation
I certify that I am fluent in the English and Spanish languages, and that I translated this document to
Affiant from English into Spanish, and that the Affiant indicated that she understood its contents.

Transl~~~~

Date:

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Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 4 of 52

AFFIDAVIT OF NANCY GARCIA

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 5 of 52

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Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 8 of 52

AFFIDAVIT OF NANCY GARCIA: ENGLISH TRANSLATION

My name is Nancy Garcia and I swear under penalty of perjury of the laws of the United States that the
following is true:

1.

I am a citizen of Mexico and have lived here in Texas for 7 years.

2. Three of my children were born here in Texas,

(2010} and

(2009);

(2012.)

3. I have a Mexican matricula card and my husband has a current Mexican driver's license and an
expired Mexican electoral card.
4. At the registrar's office in McAllen they would not give us the birth certificates, even though we
had the papers from the hospital.
5.

Because of this we could not baptize our children.

6. 7.

1and -

have mental health problems.

For the moment we have Medicaid, but they keep insisting that we have to present the birth
certificates.

8. We worry a lot that they will cut off our Medicaid, because the medicines are very important for
them
9.

Also, last year we had serious problems with the school for -

I. They said that if we did not

present his birth certificate within thirty days they would expel him. In the end they let him
finish the semester. We don't know if they will let him enroll again. He needs his special
education.

10. Also we have applied for section 8 housing assistance based on the three citizen children. They
have given us thirty days to present the birth certificates. Without those we will not get the
assistance.
11. We also worry a lot about being approached by the police or the migra. What would happen to
our kids then? How can we establish that they truly are our children?
Nancy Garcia

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 9 of 52

Certificate of Translation
I certify that I am fluent in the English and Spanish languages, and that I translated this document signed
by Affiant Nancy Garcia from Spanish into English.

Date:.

Z.. 'iS

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--

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 10 of 52

AFFIDAVIT OF JUANA GOMEZ YBARRA

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 11 of 52

Mi nombre es Juana Gomez Ybarra, y soy mayor de edad, en plena uso de mis facultades
mentales. Jura bajo pena de perjurio de Ia ley de Estados Unidos que lo siguiente es verdad y
es de mi conocimiento personal.

1) Soy ciudadana mexicana y tengo aproximadamente 19 anos viviendo aqui en Texas. Me lui
de Mexico cuando tenia 14 anos.
2) Mis hijos
en 2002, y
3) Mi hija mas chica,

en Texas. Sus nombres son


nacido en 2007.

, nacida

naci6 en Edinburg, Texas, el

4) Despues de que naci6 mi hija, !rate de obtener su acta de nacimiento. Me presente en Ia


oficina del registro Edinburg a tratar de sacarla.
5) Lleve los papeles de mi hija que me dieron en el hospital, y su nOmero social. Esos papeles
confirman que naci6 en Edinburg, asi como su fecha de nacimiento
6) Tengo matricula consular mexicana, y tambien Ia lleve a Ia oficina del registro, como
identificaci6n. La matricula consular que tengo es Ia nueva, y cuenta con un micro chip.
Esta vigente, y se vence hasta el 2020.Tambien lleve mi pasaporte mexicano, el cual
tambien esta vigente.
7) En Ia oficina del registro de Edinburg me dijeron que no me pod ian dar el acta de
nacimiento de mi h i j a - porque no aceptan Ia matricula consular como forma de
identificaci6n. Tambien me dijeron que no me pod ian dar el acta de nacimiento a pesar de
que llevaba los papeles del hospital.
8) Tambien me dijeron en el registro de Edinburg que necesito llevar mi credencial de elector
de Mexico. Pero como salt de Mexico cuando aun era me nor de edad, no Ia puedo tramitar.
9) A causa de no tener el acta de nacimiento, no he podido bautizar a mi hija.
10) Tambien a causa de no tener el acta de nacimiento de mi hija, no Ia he podido matricular en
el programa de Head Start, ni tampoco me Ia aceptan en Ia guarderia. Me dicen que
necesito el acta de nacimiento.
11) Me preocupa mucho que me vayan a quitar estos beneficios a mi hija, asi como no poder
matricularla en el Head Start y en Ia guarderia. Tambien me preocupa mucho no poderla
bautizar.
12) Yo actual mente estoy embarazada, tengo 7 meses de embarazo. Estoy esperando otra
nina. Me preocupa mucho que voy a hacer para obtener el acta de nacimiento de mi hija
cuando nazca. AOn tengo Ia matricula consular y el pasaporte, pero ya me dijeron que eso
no es aceptable, entonces me preocupa mucho no poder obtener el acta de nacimiento de
mi hija que esta por nacer, y todos los problemas que eso me va a ocasionar.
13) Hace aproximadamente dos meses, cuando pase por Ia garita de Falfurrias, los oficiales de
migraci6n no querian dejar pasar a mi hija porque no tenia acta de nacimiento. Esto me

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 12 of 52

hizo sentir muy frustrada y humillada porque mi hija es ciudadana de este pals, y tiene
todos los mismos derechos que otros ciudadanos. Despues de esto, me preocupa mucho
que migraci6n pueda detener a mi hija por falta de documentos que demuestren que es
ciudadana americana, principalmente su acta de nacimiento.

_s?!Jf<.._,
Firmada el 30 de julio de 201;r.'

1--30-/S
Fecha

Signed and sworn to before me by

MOIRA KENNY .:
Notary Public

My Commission
Expires 10-05-2016

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 13 of 52

[TRANSLATION OF AFFIDAVIT OF JUANA GOMEZ]


My name is Juana Gomez Ibarra, and I am over the age of eighteen and of sound mind.
I swear under penalty of perjury under the laws of the United States that the following is
true and correct and is within my personal knowledge.

1) I am a Mexican citizen and I have been living in Texas for approximately 19 years. I
left Mexico when I was 14 years old.
2) My older children were born here in Texas. Their names are
born in 2002, and
born in 2007.
3) My younger daughter,

, was born in Edinburg, Texas, on

4) After my daughter was born, I tried to obtain her birth certificate. I went to the office
of the registrar in Edinburg to try to obtain it.
5) I took the paperwork for my daughter that I was given at the hospital and her social
security number. These documents confirm that she was born in Edinburg, as well as
her date of birth.
6) I have a Mexican consular identification (matricula), and I also took it to the
registrars office, as an identification. The consular ID I have is the new one, and it
has a microchip. It is valid, and it doesnt expire until 2020. I also took my Mexican
passport, which is also valid.
7) At the Edinburg registrars office, I was told that they could not give me my daughter
birth certificate because they did not accept the consular ID as a form of
identification. They also told me that they could not give me the birth certificate even
though I had the hospital paperwork.
8) They also told me at the Edinburg registrars office that I need to bring my Mexican
voter card. But since I left Mexico when I was still under 18, I cannot obtain it.
9) Because I do not have a birth certificate for my daughter, I have not been able to
baptize my daughter.
10) Also because I do not have a birth certificate for my daughter, I have not been able
to enroll her in the Head Start program, and she is also not been accepted at
daycare. They tell me [at these places] that I need the birth certificate.
11) I am very worried that my daughter may lose these benefits, as well as not being
able to enroll her in Head Start and at daycare. I am also very worried about not
being able to baptize her.
12) I am currently 7 months pregnant. I am expecting another baby daughter. I am very
worried about what I will do to obtain a birth certificate for my daughter when she is
born. I still have my consular ID and the passport, but I was already told that this is
not acceptable, so I am very worried about not being able to obtain a birth certificate

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 14 of 52

for my daughter who is about to be born, and all the problems that that will cause for
me.
13) Approximately two months ago, when I went through the Falfurrias checkpoint, the
immigration officials did not want to let my daughter go through because she did not
have a birth certificate. This made me feel very frustrated and humiliated because
my daughter is a citizen of this country, and she has the same rights as other
citizens. After this, I am very worried that immigration may detain my daughter for
lack of documentation showing that he is an American citizen, especially her birth
certificate.

Signed on July 30, 2015.

[signature]

8-30-15

________________________________

__________________

Juana Gomez Ibarra

Date

Signed and sworn to before me by _[Juana Gomez Ibarra] __ on July _[30]_, 2015.
[Notarys Seal, Moira Kenny]

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 15 of 52

AFFIDAVIT OF CYNTHIA IBARRA

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 16 of 52

Affidavit of Cynthia Ibarra


My name is Cynthia Ibarra, I am over eighteen years of age and I swear under penalty of perjury
that the following is true and correct.
1. I am the mother ofK.E.R., my infant daughter.
2. K.E.R. was bom in Cameron County, Texas in November 2014.
3. I have a Mexican electoral card, and my husband has a Mexican matricula and drivers'
license. We took these with us to apply for a birth certificate for K.E.R. However, our request
was denied. The identification was not good enough.
4. The hospital where K.E.R. was bom initially arranged for the first year of Medicaid for K.E.R.
5. K.E.R. became extremely ill when she was two months old with a strep infection.
6. She has recovered, but she must continue to be evaluated by specialists every so often to make
sure the infection does not remain or recur.
7. She has an appointment with one specialist on August 31, 2015 and another with a neurologist
in September.
8. The social worker at our clinic (Su clinica Familiar) has been working to keep the Medicaid
renewed for us, but she is telling us that we have to present the birth certificate soon or we will
have problems with our coverage. I have been told we may lose our coverage at the end of this
month.
9. We don't know ifthe specialists will agree to see K.E.R. if we don't have Medicaid, and we
do not have the money to pay them ourselves.
10. We worry too about what could happen if we are ever stopped by Border Patrol or even the
police. How can we show that K.E.R. is our daughter? If we are removed from the United States,
how would she ever get back here to claim her citizenship?

o~ cllb l a. J_[<;O (Co .


Cynthia Ibarra
Signed and Swom to before me on this

tt

Notary Public

day of August 2015, a notary public in and for the

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 17 of 52

Certificate of Translation
I Paula Garza, certify that I am fluent in the English and Spanish languages, and that I
translated this document to Affiant from English into Spanish, and that the Affiant indicated
that she understood its contents.

Date: _

......
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I

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 18 of 52

AFFIDAVIT OF PAULINA NIETO IBARRA

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 19 of 52

Affidavit of Paulina Nieto Ibarra

My name is Paulina Nieto Ibarra, and I swear under penalty of perjury that the following is true and
correct.
1. I am a citizen of Mexico, over the age of eighteen, and of sound mind.
2. In 2008, I was living in Texas with my daughter Estrella De Jesus Cedillo Nieto.
3. She gave birth to her son,
4.

in the Rio Grande City Hospital in March 2008.

A few week after his birth, we all returned to live in Reynosa for a number of reasons.

5. Two years ago the cartel violence worsened, and I returned to Texas.
6. The violence became so extreme that Estrella and I knew that it was important for -

to

return to Texas as well.


7. I went to the Registrar's office with matricula, passport and voter card.

s hospital documents and my own Mexican

8. They denied me the birth certificate.


9.

Estrella recently returned to Texas but the crossing is extremely dangerous. I don't want my
grandson -

, to travel this way.

10. Estrella does not have the documents that the Registrar requires now.
11. We need to obtain a U.S. birth certificate passport for-

at once so that he can travel

here safely.

~(4-.t
Paulina Nieto Ibarra

e me a notary public in and for the State of Texas on

Notary Public

this~ of 11:5 2015.

~-~~~,!"f~':;-. MYRNA ESMERALDA DEANDA


!~~~:...~i Notary Public. State ol Texas
l,"J..l~.!~i
Mv Commission Expires

"',::,'....
,o;.lfi
,

November 21, 2016

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 20 of 52

Certificate of Translation
I certify that I am fluent in the English and Spanish languages, and that I translated this document to
Affiant from English into Spanish, and that the Affiant indicated that she understood its contents .

.,
Translatop

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I

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Date:

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Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 21 of 52

AFFIDAVIT OF DINA NUNEZ

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 22 of 52

DECLARATION OF DINA NUNEZ


My name is Dina Nunez, I am over eighteen years of age, and I swear under penalty of perjury
that the fo !lowing is true and correct.

l. I am a community advocate in Cameron County, Texas. I work for Movimiento del Valle
por los Derechos Humanos (Valley Movement for Human Rights), a project ofProyecto
Libertad (The Liberty Project). I have worked as a co1mnunity advocate in South Texas
for 10 years.
2. Projecto Libertad is a non-profit organization that serves iimnigrant families livii1g iii the
Rio Grande Valley
3. Moviiniento del Valle por los Derechos Humanos is a grassroots human rights network iii
the Rio Grande Valley that teaches iimnigrant parents and their children about their
rights. In addition to working as a community advocate myself, I am also responsible for
the supervision of four other cmmnunity advocates.
4. As a cmmnunity advocate, I have witnessed the problems caused by the new policy of
denying the birth certificates ofTexas-bom children to undocumented parents.
5. Parents who have been denied birth certificates are worried that they will be unable to
access iinportant benefits and services for their children. Poor innnigrant families we
work with depend upon WIC, TANF, and other govermnent benefits to feed themselves.
These are people who are so poor that their children may go hungry if food benefits are
cut.
6. These denials are contributing to the fear iii our cmmnunity. Some parents are now afraid
to even request birth certificates after the official at one of the offices threatened to call
ilmnigration on the undocumented parents of one child who needed a birth certificate.
This fear on the part of parents transfers to their children in ways that I see on a daily
basis.
7. This problem is affecting families with older children as well. For example, I recently
spoke to a parent who needs a long form birth certificate for a child who has a short form
certificate. Because she does not have the identification now being required, she cannot
obtaii1 it. Siinilarly, lost, stolen, and destroyed documents cannot be replaced.

DmaNunez
Signed and Swom to before me on thi~day of August 2015, a notary public in and for

~te of Texas.

~~
Notary Public

r- ..,:~~;;::,~~~~..
~t

My Commission Exp1res

~~~~s~~~~!-~~

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 23 of 52

Certificate of Translation
I, Paula Garza certifY that I am fluent in the English and Spanish languages, and that I
translated this document to Affiant from English into Spanish, and that the Affiant indicated
that she understood its contents.

Date:

_<Z""f-Jc==,:;l=-if-k=CJ_t.:=[_S"-----

r;

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 24 of 52

AFFIDAVIT OF MARIA ISABEL PERALES SERNA

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 25 of 52

AFFIDAVIT OF MARIA ISABEL PERALES SERNA

Mi nombre es Maria Isabel Perales Serna y yo jure que lo siguiente es Ia verdad, bajo pena de perjuria de
Ia ley de los Estados Unidos:

1. Soy ciudadana de Mexico y tengo 14 afios aquf en Texas.


2.

El Noviembre 2014, nacio mi hija K.Z.P.S. en el hospital en McAllen.

3.

Tengo mi matricula y pasaporte de Mexico, pero el registro en McAllen me neg6 Ia acta de


nacimiento para mi hija K.Z.P.S.

4.

A causa de esto, no puedo inscribirla en el day care aquf; y entonces es muy muy dificil
encontrar empleo para mi.

5.

Hace dos veces recientemente que Ia migra me pare. La primera vez yo querfa visitar una
escuela para mi hijo en san Antonio, Texas. Lleve K.Z.P.S. con migo, con las capias de los
papeles del hospital y su social.

6.

Me interrogaban mucho en Ia segundaria, a pesar de los papeles, y me advirtieron que hay que
resolver Ia acta de nacimiento lo mas pronto posible.

7.

La segunda vez yo andaba cerca a Progreso Texas. Un agente de Migracion me paro. Tambien
me interrogo sobre los papeles de Ia bebe.

8.

Lo explique mi problema y fortunadamente el me dejo salir con K.Z.P.S.

9.

Por supuesto me preocupa que una de esas veces podrfan pensar que ella no es mi hija, y
podrfan separarme de mi bebe, o detenernos mientras de investigar.

10. Peor, si alguien secuestra mi hija, que voy a hacer sin papeles oficial indicando que soy Ia madre
de ella.
11. Hay un problema grande con mi medicaid porque en Ia tarjeta del medicaid esta mal escrito el
nombre de mi hija. Como no cuadra con el nombre en el social security de ella, no han pagado
el hospital. Como ella se enfermo de los pulmones algunas veces, tengo deudas terribles con el
hospital. Ademas algunas especialistas ya nos rechazaban. Sin Ia acta ha sido demasiado diffcil
corregir Ia tarjeta de medicaid.

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 26 of 52


I

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Maria Isabel Perales Serna

~nd

("[')I[J/ztay

. 41'\.
of August 2015, a Notary Public in and for the State ofTexas.

~.;;fX~~ MYRNA ESMERALDA DEANDA


~/.ll(E ~ t.Jotorv Public. Slate or Texas
"'>)
..... ~;>' My
~(ort'-0'
N Commtsston E~pfrns

'''''"""'''
ovember 21 , 2016

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 27 of 52

Translation :AFFIDAVIT OF MARIA ISABEL PERALES SERNA

My name is Maria Isabel Perales Serna and I swear that the following is true and correct under penalty
of perjury of the laws of the United States.
1.

I am a citizen of Mexico and I have been in Texas for 14 years.

2.

In November 2014 I gave birth to my daughter K.Z.P.S in the hospital in McAllen.

3.

I have my matricula and passport from Mexico but the registrar in McAllen refused to give me
the birth certificate for K.Z.P.S.

4.
5.

Because of this I cannot enroll her in day care, and so it is very hard for me to find employment.
Recently, I have been stopped twice by immigration officers. The first time I wanted to go to San
Antonio to visit a school for my son. I brought K.Z.P.S. with me, and I had copies of her hospital
papers and her social security card.

6.

At the secondary, I was questioned a lot, despite the papers, and they warned me that I needed
to take care of the birth certificate as soon as possible.

7.

The second time I was walking near Progreso, Texas. An immigration agent stopped me. Again, I
was interrogated about the papers for the baby.

8.

I explained my problem, and fortunately he let me leave with K.Z.P.S.

9.

Of course I worry that one of these times they may think she is not my daughter, and might
separate me from my baby, or detain us while they investigate.

10. Worse, if someone kidnaps my daughter, what will I do with no papers to show I am her
mother?
11. There is a big problem with mi Medicaid because the card has my daughter's name spelled
wrong. Since it does not match the name on social security card, they have not paid the hospital.
Since she has been sick with some lung problems a few times, I have terrible debts now with the
hospitaL Also some specialists have refused to see her. Without the birth certificate it is really
hard to correct the medicaid card.
Maria Isabel Perales Serna

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 28 of 52

Certificate of Translation:
I, Jennifer Harbury, certify that I am fluent in the English and Spanish languages and that I have correctly
translated this Spanish language document from the Affiant into English.

Date

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 29 of 52

AFFIDAVIT OF QUENIA PEREZ

,..---------------------------------------

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 30 of 52

AFFIDAVIT OF QUENIA PEREZ


My name is Quenia Perez, I am over eighteen years of age, and I swear under penalty of perjury that the
following is true and correct and is within my personal knowledge:

1.

I live in Mission, Texas. I have lived in Texas for more than 10 years. My son, J.A.R. was born in
Mission, Texas in March 2006. Back then, we had no problems getting a Texas birth certificate
for him.

2.

About 4 years ago my ex-husband returned to Mexico, and he took all of J.A.R.'s paperwork with
him, including the birth certificate and social security card.

3.

My mother and I and even my sister have gone to the birth certificate office in McAllen to try to
replace J.A.R.'s birth certificate. They turned me down, so my mother tried with her Mexican
electoral card. They told her to get a matricula, but then turned that down as well. They also
turned down my sister's Mexican electoral card, driver's license and matricula. In 2015 I got the
new matricula with the microchip in it but they also turned this down.

4.

I have not been able to get a birth certificate for my new baby Y.F. either. He was born in
Edinburg, Texas in 2015.

5.

We moved to Mission last year and since we did not know the people at the different offices, we
began having a lot of problems because of the birth certificates.

6.

The Mission school let J.A.R. enroll last January and gave us thirty days to get a birth certificate.
We could not get one, and finally convinced them to let him finish the semester. We then had
exactly the same problem getting him enrolled for this fall. But because of the publicity about
this lawsuit they have agreed that he can enroll for now. I am not sure for how long they will let
him stay though.

7.

Also the Medicaid office here in Mission has told me that I have to get the birth certificate for
J.A.R. in order to renew this time. I think I have till the end of September to do this. When Y.F. is
a bit older I will have to present his as well.

8.

I worry too, about what happens if we are stopped by police or other officials. We have no proof
that these two boys are my sons.

Qoeo1q ~cre-z V
Quenia Perez

Date

Signed and Sworn to before me on thi::.{0 day of August 2015, a notary public in and for the
state of Texas.

MOIRA KENNY
Notary Public

My Commission
Ex Ires

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 31 of 52

Certificate of Translation
I certify that I am fluent in the English and Spanish languages, and that I have translated this
document to Ms. Perez from English to Spanish, and that she has confirmed that she

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 32 of 52

AFFIDAVIT OF MARIA DEL ROSARIO TERAN URIEGAS

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 33 of 52

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Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 36 of 52

AFFIDAVIT OF MARIA DEL ROSARIO TERAN URIEGAS

My name is Marla Del Rosario Teran Uriegas and I swear under penalty of perjury of the laws of the
United States that the following is true:

1. I am a citizen of Mexico and I have lived in Texas for 17 years.


2. My two sons were born here in Texas:

(2013) and

(2014).
3.

I have a matrlcula and passport, and the hospital documents and social security for my son

My husband also has a passport and matricula.

4. They gave me a birth certificate for5. La first time I went to get the certificate for-

but would not give me one for-

, they would not accept my matricula. They


asked for a passport but when I went back for the passport they would not take it without a
current visa.

6. I went a third time with-

s grandmother. She had a Mexican electoral card but they

would not accept it because it was expired.


7. I want to enroll in day care but when 1went to one they told me they needed the birth
certificate for Samuel.
8. I worry about if anything happens to and we need urgent medical care, I cannot prove I
am his mother. Also I cannot prove I am his mother if the police stop us.
9. I also worry that if we are deported with1 cannot show that Samuel was born in the
United States.
10. I have to renew WIC, Medicaid and food stamps soon forand worry they will ask for the
birth certificate to renew the benefits.
11. The medical clinic where I go has asked for the birth certificates of all my children. Since I cannot
, they can't serve me now.
produce the birth certificate for_ _7-30-15._ _ __

Maria Del Rosario Teran Uriegas

date

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 37 of 52

Certificate of Translation:
I, Jennifer Harbury, certify that I am fluent in the English and Spanish languages and that I have correctly
translated this Spanish language document from the Affiant into English.

Translator

()
-yft

~
,-:101 (C,~-)\
I

Jen0'fer K. Harburv"'

Date

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 38 of 52

AFFIDAVIT OF LETICIA TORRES

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 39 of 52

AFFIDA vrr O F LETICIA TORRES


My name is Leticia Torres, I am over eighteen years of age and I swear that the following is
true and correct.
1. I am a citizen of Mexico and have been living in Texas for many years.
2. My infant daughter. S.G.G. was born in Hidalgo County Texas in 2015.
3. My husband and I have her hospital birth verification papers but we have been denied a
birth certificate at the local city office. I have an expired Mexican electoral card which
cannot be renewed here. us well us current Mexican matricula and passport. My husband
also has an expired Mexican electoral card and drivers' license. lie had a Laser visa too,
but it is expired. None of this was enough to get a birth certificate.
4. My little girl has been having medical problems. She was in the hospital recently with a
lung infection.
5. I understand that I have to get a birth certificate to the Medicaid office very soon. We arc
very worried about this problem.
6. We also worry about getting stopped by any police or Border patrol since we have no
birth certificate to show she is our child.

This instrument was acknowledged before me on thi

CERTIFICATE OF TRANSLATION

I. Matias Villalobos. hereby certify that I am fluent in the English and Spanish languages
111

and that on the 19 day of August, 2015. I translated the foregoing Affidavit attached hereto
from English to Spanish for Leticia Torres who indicated to me hat she understood all the
statements and terms therein.

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 40 of 52

AFFIDAVIT OF JUANITA VALDEZ-COX

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 41 of 52

IN THE UNITED STATES DISTRICT COURT


WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
Maria Isabel Perales Serna on her own
behalf and as next friend for her minor
daughter K.Z.P.S., eta!.,
Plaintiffs
v.
Texas Department of State Health
Services, Vital Statistics Unit, et al.,
Defendants

C.A. 1: 15-cv-00446

AFFIDAVIT OF JUANITA VALDEZ-COX

I, Juanita Valdez-Cox, in accordance with the provisions of28 U.S.C. 1746, declare as follows:
1. I am the Executive Director of La Union del Pueblo Entero (LUPE). I have held this
position for over ten years.
2. LUPE is a non-profit membership organization comprised largely of immigrant low wage
workers and their families who reside in Texas. Approximately one third of our members
are undocumented immigrants.
3. LUPE was founded in 1989 by Cesar Chavez to help meet the advocacy and organizing
needs of fannworkers and other low wage workers and their families. The organization
continues to do this work, while also responding to the immediate social and economic
needs of our members in the struggle to overcome the barriers and challenges faced in
their daily lives. Many of these barriers and challenges relate to our members' and their
families' immigration status.
4. A pati ofLUPE's mission has always been advocating for the fair government treatment
oflow income Texans, regardless of their immigration status.
5. LUPE has operated an office in San Juan, Hidalgo County, Texas for over ten years and
also has offices in the cities of Alton, Mercedes, PhalT, and Edcouch, Texas. We have
more than seven thousand members.
6. LUPE uses its limited resources to promote its mission and the well-being of our
members and their families.
7. One of the services that LUPE provides its members is assistance obtaining
identification. It is our experience that having a f01m of identification is crucial to our

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 42 of 52

members' and their families' well-being. Members ask us to help them get ID required
for school enrollment, benefit applications, immigration applications, opening bank
accounts, access to health care, voting, and the like.
8. Members ofLUPE have been denied birth ce1tificates for their Texas born children.
These members are undocumented and, while they may have the Mexican matricula
consular, they do not have and cannot obtain the identification now being required.
Members have requested our assistance in obtaining birth ce1tificates following these
denials.
9. LUPE has dive1ted significant resources in an attempt to identify and address the
problems caused by denials ofbi1th ce1tificates to our members and others in our
community. We have infonned our leadership, staff, and others about the practice of
denying birth certificates. We have expended time, energy, and money to identify and try
to assist members who have been affected by denials. We are working to advise our
members of their right to their children's bitth certificates, in some cases referring them
to other organizations for fmther assistance, and othe1wise done what we can to help
them. This impmtant work comes at the cost of other activities which are core to our
miSSIOn.

10. The denial of birth ce1tificates to Texas born children is causing hardship and difficulties
to our members and our community and should be stopped immediately. Our members
and their children are being hurt in ways that cannot simply be fixed in the future.
11. LUPE's members who have been denied bitth ce1tificates or who will be denied bi1th
ce1tificates cannot properly parent their children. Access to government benefits and
programs requires birth ce1tificates. Parents cannot register their children for day care and
school without bi1th ce1tificates. Medicaid eligibility cannot be renewed. For many, there
may be difficulties with public housing and disability benefits.
12. LUPE is deeply concerned at the prospect of children missing school as a result of denied
bi1th ce1tificates. These children already face many hurdles to academic success. The
prospect of their parents being cited for truancy is also troubling.
13. Our members have also told us that some local religious institutions are refusing to
baptize babies for whom birth ce1tificates have been denied. This religious ceremony is
very impmtant to many of our members. The inability to have their babies baptized is a
cause of great distress to some parents.
14. LUPE's members who are undocumented, and their families, live in constant fear oflaw
enforcement authorities. Apprehensions and deportations are at a historical high. The
increased militarization of the border area makes the fear ofbeing picked up at any
moment a real one for our undocumented members. The stakes for those with children
denied bi1th certificates are high. They have been denied the best, and perhaps only, fonn
of identification by which to prove that their child is a United States citizen and is in fact
theirs.

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 43 of 52

I declare under penalty ofpe1jury that the foregoing is uue and conect.
Executed on the l j day of August, 2015.

Juo. ,,1-\-c\ \)"'Ida-Cox. 0

A.{!_ h?J \'U

~~~~~~~~~~~~~~~

Juanita Valdez Cox

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 44 of 52

AFFIDAVIT OF VIOLETA VEGA

08/20 / 2815Case
1 2 : 41
956'3688823
1:15-cv-00446-RP

Document 25-1TRLA
Filed 08/21/15 Page 45 of 52

PAGE

Affidavit ofVioleta Vega

1. My name is Violeta Vega. I am over eighteen years of age and I swear under penalty of perjury
under the laws of the United States that the following Is true and correct.

2. I live in Hidalgo county, Texas and my son, M.G.R. was born herE! il'l 2014.
3. 1have lived in the United States for many years, but I only had a Mexican matricula card and the
hospital papers after M.G.R. was born.
4. The city office here refused to give me a birth certificate with these papers. I asked if my older
son ~ould get the birth certificate, but he was also refused since he is still a minor.
5. Without the birth certificate we are having a lot of problems. We lost the section 8 housing
assistance so the rent is now almost triple what it was before. This is making things very difficult
for us. My former husband is refusing to help with the baby and it is hard to make ends meet.
6.

We still have Medicaid for M.G.R. for a few more months but then I am worried about what wilt
happen if we have no Medicaid coverage. How will I take of the baby then if he gets sick?

LL ui.lL (}rt;c\

x/JO//)

l()

Violeta Vega

rt;_

Signed and Sworn to before me on this~day of August 2015 a notary public in and for the state of
Te~.

l.JllA
~"-<-'L---=---'vt~ZJ"'-J~,b. btl..__,

--'tJ
-=--

Notary Public

0 2 / 02

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 46 of 52

Certificate of Translation:

I, Diana Salazar, hereby certify that I am fluent in both the English and Spanish languages and that I
translated this document to Affiant in Spanish, and she indicated that she understood its contents.

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 47 of 52

AFFIDAVIT OF DR. MARSHA GRIFFIN

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 48 of 52

DECLARATION OF DR. MARSHA GRIFFIN

My name is Dr. Marsha Griffin, I am over eighteen years of age, and I swear under penalty of
perjury that the following is true and correct.

l. I am a pediatrician licensed to practice medicine in the state of Texas. I have been


employed by the Brownsville Community Health Center for the past nine years in the
Pediatrics Department. I work full time and see approximately 80 patients a week. My
patients range in age from new born to 19 years old. Up until this year, I was the Medical
Director of the BCHC Department of Pediatrics and the Medical Director of the Campus
Care Clinics, which provides health services to uninsured children in the Brownsville
Independent School District (BISD). I am also adjunct clinical faculty with the
University of Texas Health Science Center at San Antonio's Regional Academic Health
Center, now University of Texas Rio Grande Valley School of Medicine.
2. The Brownsville Community Health Center (BCHC} is a Federally Qualified Health
Center (FQHC) which is a Federal designation assigned to non-profit or public health
care organizations that serve predominantly uninsured or underserved populations and are
located in or serving a designated Medically Underserved Area/Population (MUA/P).
Our goal is to provide comprehensive primary care health services with excellence and
dignity to our community. Last year we served over 20,000 patients at BCHC.
3. The Pediatrics Department has over 6,000 patients. Essentially all of my patients come
from families living well below the federal poverty line. They are almost exclusively
Hispanic. I treat many patients who were born in Texas, whose parents are
undocumented. This includes children of migrant fannworkers.
4. More than 75% of our pediatric patients have no insurance at all. Virtually all of those
who do have insurance have some form of public insurance, such as Medicaid or
Cameron County Indigent insurance coverage. We are always very concerned when a
poor child is uninsured. This can have huge, sometimes permanent, consequences for his
or her health and well-being. Although we will always provide primary care to uninsured
children in the Pediatric Department at BCHC and at BISD Campus Care Clinics, if they
need specialty care, it is always a struggle. Specialty care includes Cardiology,
Neurology, Orthopedics, Endocrinology, Puhnonology and others. There are precious
few sub-specialists who will see a child without insurance or cash to pay for the visit. In
this area, I can count two.
5. BCHC is known in this c01mnunity as an advocate for our patients and the poorest of the
poor living in our community. For this reason, residents of this c01mnunity often come to
us to report injustices. These injustices can often be insurmountable for the poor. The
stress caused by fear and insecurity can have long-lasting health consequences. For this
reason in 2008, we at BCHC formed a partnership with Texas Rio Grande Legal Aid
(TRLA) to provide free legal services in our clinic to the families of our clinic, who
qualify under TRLA's funding guidelines. Our physicians recognize that sometimes a
patient needs to see a lawyer, not a physician, in order to heal.

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 49 of 52

6. Parents of some of our youngest patients have reported to us about recent changes in the
procedures for obtaining birth certificates which have prevented them from accessing
these critical documents. These are often mothers who have several other Texas-born
children and have their birth certificate. They do not understand what is different for
their newest infant and are expressing great fear for their newest child
7. We also have lay health workers in our clinic (promotoras) who provide education and
outreach to the residents of colonias and poor neighborhoods in Brownsville. These
promotoras have also reported to me that mothers are afraid to go to City Hall to obtain a
birth certificate for their newborn, because they have heard that others have been denied
their birth certificates, because of the mother's documentation status. My colleagues and
other pediatricians in this community are deeply troubled by the denial ofbirth
certificates to families already facing crushing poverty and other hardships. One
seventeen year old mother, who came with her own mother to the clinic yesterday, told of
the many fears and concerns that she has for her newborn son, one of them being her
inability to obtain a birth certificate. She reported that she stops nursing when she is
crying, because of the old wives' tale that you can pass sorrow and fear on to a nursing
infant. She wondered if it is true that you can pass this pain to your infant. I explained to
her that what he needs most is her loving anns and her breast milk, and that in time, if she
continues to stop nursing him frequently; she will no longer produce enough milk to
sustain him. But I also told her that, indeed, children of all ages can sense a mother's
emotional pain, and that we would try to provide resources to help her. A new mother is
sometimes physically and emotionally tender. This is not the time to be inflicting more
stress, which could trigger postpartUlll depression. This is a pressing public health issue.
8. It is my opinion that that the denial of birth certificates to Texas-born children; the related
denial or threat of denial of benefits and services; and the resulting restrictions on travel;
can cause substantial stress in these families. This would be the worst in families already
dealing with the challenges of illness. The health effects of such stress are not to be
underestimated. In my experience, undocumented parents already live lives full of fear,
burdened by poverty and discrimination, and the fear of possible separation from their
children. I have personally seen this stress manifest in and exacerbate physical and
mental health problems of their children. We, in the pediatric profession, have deep
research on the effects of chronic stress on the long-term health trajectory of children.
Chronic stress in a family effects not only their health, but their child's ability to learn.
9. To the extent that the denial of birth certificates for Texas-born children interferes with or
jeopardizes these children's right to Medicaid, it can cause untold harm to our children.
Lack of access to needed healthcare, even if temporary, can be deadly. I have a patient, a
former premature infant, who had pulmonary hypertension from birth and needed
expensive medication to prevent irreparable damage to his heart from trying to force flow
ofblood to his stiff lungs. For several years, he had no insurance coverage. His mother
could not afford both the medications and food for her children, so he went without his

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 50 of 52

life-saving meds. His school nurse called me, when she noticed that he was struggling to
walk to class, because of shortness of breath and fatigue. It was at that time, that he was
referred to our Campus Care Clinic. Our staff worked diligently to find funds to obtain
specialty care for him and medications. The damage to his body during that time cannot
be reversed, but it could have been prevented. I have had parents cut a cast off their
child's arm with a saw, because they could not afford to take him back to the Orthopedist
for follow up care. We at the clinic provided him with funds for the initial evaluation and
treatment by an Orthopedist. He was referred by his school nurse, when she noticed that
his cast was gone and his arm was deformed. Hann to any child is, of course, harm to the
entire cmmnunity and our own future. Can we morally be an accessory to tllis injustice,
by denying our own Texas born children their natural right to protection under the law?
10. Most parents of uninsured children are extremely averse to taking their child to an
emergency room, because of the huge expense subsequently entailed. Sometimes this
hesitancy in going to the emergency room can be deadly for a child, such as an asthmatic
who has a severe acute asthma attack. Or a child with a severe allergic reaction to bee
stings and has an anaphylactic attack. Waiting in these instances, can be tragic.
II. There are occasions when our patients need to travel to Houston or other areas north of
the checkpoint for needed medical care. Typically these patients have grave medical
conditions, which cam1ot be treated in our area. Not a single child should be prevented
from making this journey because he or she does not have a birth certificate required by a
connnon carrier.
12. Any interference with a family's access to affordable housing and public education would
also have a deleterious effect on the health of a family, especially one in which a member
or members already have health problems.
13. In addition, our clinic is innnediately harmed by any change in a patient's access to
Medicaid. Serving one of the poorest communities in the country, BCHC relies heavily
upon Medicaid reimbursement for medical care provided to our Medicaid eligible
patients, despite the fact that the number of Medicaid patients is a small percentage of our
pediatric patient load.

Signed and sworn to before me on


the ~f}f-Iell'

thi~'

of August 2015, a notary public in and for

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 51 of 52

AFFIDAVIT OF FLAVIA GARZA

Case 1:15-cv-00446-RP Document 25-1 Filed 08/21/15 Page 52 of 52

AFFIDAVIT OF FLAVIA GA-Ret'l

q .'>.. fZ 'LA

My name is Flavia Garza. I am over eighteen years of age and I swear under penalty of perjury that the
following is true and correct:
1.

I have lived in Texas for many years. I arrived here as a child.

2.

My son D.G. was born in McAllen twelve years ago.

3.

I did not have much identification at the time and could not obtain a birth certificate for him.

4.

I got my Mexican matricu/a in approximately 2011 but was again denied the birth certificate.

5.

My sonS. G. was born in Texas in 2013.

6.

I went to the birth certificate office in McAllen with my matricu!a, school records, and my own
birth certificate, with the social security card for 5.G., but was denied the birth certificate again.
They told me that when he was 18 years old he could get his own birth certificate.

7.
8.

When D.G. was little, things were easier, and I was able to get him into school.
Everything is a lot harder now. I cannot sign 5.G. up for Head Start. Day care let him in but it's

' it.
still provisional. I still have to bring in the birth certificate. D.G.'s school is also asking for
9.

A few years ago when we moved to Alamo, D.G. missed two weeks of school because I did not
have a birth certificate for him. I finally got him in.

10. D.G. gets S51 because of a disability, but the case worker keeps telling me that I am going to

have to bring in the birth certificate or risk losing these benefits for him.
11. S.G. is bi-polar and will also need 551, but I understand the birth certificate is going to be a

problem in getting him the SSI he needs and qualifies for.


12. The people at Medicaid also keep asking me for the birth certificates too, but they are more

patient and seem to understand the problem.

q~~~~dM Jq
Flavia Garza

Date

Sworn to and signed before me on this


state of Texas

MOIRA KENNY
Notary Public

My Commission
Expires 1().()5-2016

__f2_ day of August 2015

before me, a notary in and for the

Case 1:15-cv-00446-RP Document 25-2 Filed 08/21/15 Page 1 of 2

Case 1:15-cv-00446-RP Document 25-2 Filed 08/21/15 Page 2 of 2

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