Motion for Preliminary injunction.pdf

8/20/2019 Motion for Preliminary injunction.pdf

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


23/76

AFFIDAVIT OF ESTRELLA DE JESUS CEDILLO N



24/76

r

Affidavit

of

Estrella de

Jesus

Cedillo Nieto

My

name is Estrella

De Jesus

Cedillo Nieto, and I swear under penalty of perjury

that the

fo

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 and my son,

Hospital in March 2008.

was born in the Rio

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

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 m

B- , to travel this way.

7. I have my own birth certi ficate and a Mexican matricula card, but this is not enoug

to

get a birth certificate

for

B- .

My

mother, Paulina Nieto Ibarra was rejecte

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 h

~ . - e

\ a c

e U

o l 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 fa

y



25/76

f

Certificate of Translation

I certify

th t

I

m

fluent in the English and Spanish languages and

th t

I translated this doc

Affiant from English into Spanish and th t the Affiant indicated th t she understood its co

r a n s l

Date:

t



26/76

AFFIDAVIT OF NANCY GARCIA



27/76

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30/76

AFFIDAVIT OF

NANCY GARCIA

: ENGLISH

TRANSLATION

My

name is Nancy Garcia and I swear under penalty

of

perjury

of the

laws

of the

United St

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

2009);

- 2010}

and

2012.)

3. I have a Mexican matricula card and my husband

has

a current Mexican driver s lic

expired Mexican electoral card.

4. At

the registrar s office in McAllen

they

would

not

give us the bir th certificates, eve

had the papers from

the

hospital.

5.

Because

of

this we could

not

baptize

our

children.

6.

- 1and- have mental health problems.

7. For

the moment

we have Medicaid, but they keep insisting

that

we have

to

presen

certificates.

8. We

worry

a lot

that

they will cut

off our

Medicaid, because

the

medicines are very

them

9. Also, last year we had serious problems with the school for - I. They said that i

present his birth certificate wi thin thirty days

they

would expel him.

In

the end the

finish

the

semester. We

don t

know

if hey

will let him enroll again.

He

needs his sp

education.

10.

Also we have applied

for

section 8 housing assistance based on the three citizen ch



31/76

Certificate o Translation

I certify that I am fluent in the English and Spani

sh

languages and that I translated this doc

by Affiant

Nancy

Garcia

from

Spanish

into

English

Date:

Z

iS

Vf \



32/76

AFFIDAVIT OF JUANA GOMEZ YBARRA



33/76

Mi

nombre es Juana Gomez Ybarra, y soy mayor de edad, en plena uso de mis fa

mentales. Jura bajo pena de perjurio de

Ia

ley de Estados Unidos que lo siguiente

es de mi conocimiento personal.

1

Soy ciudadana mexicana y tengo aproximadamente 19 anos vivien o aqui en

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.

naci6 en Edinburg, Texas, el

4

Despues de que naci6

mi

hija, rate de obtener su acta de nacimiento. Me pres

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.

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,

identificaci6n.

La

matricula consular que tengo es

Ia

nueva, y cuenta con un m

Esta vigente, y se vence hasta el 2020.Tambien lleve mi pasaporte mexicano,

tambien esta vigente.

7 En Ia

oficina del registro de Edinburg me dijeron que

no

me pod ian dar el acta

nacimiento de

mi

h i j porque no aceptan Ia matricula consular como

identificaci6n. Tambien me dijeron que no

me

pod an dar el acta de nacimiento

que llevaba los papeles del hospital.

8

Tambien me dijeron en

el

registro de Edinburg que necesito llevar

mi

credencia

de Mexico. Pero como salt de Mexico cuando aun era me nor de edad, no Ia pu

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

el

programa de Head Start, ni tampoco me Ia aceptan en Ia guarderia. Me dice

necesito el acta de nacimiento.

11 Me preocupa mucho que me vayan a quitar estos beneficios a mi hija, asi com

matricularla en el Head Start y en Ia guarderia. Tambien me preocupa mucho n

bautizar.



34/76

hizo sentir muy frustrada y humillada porque

mi

hija

es

ciudadana de este pals

todos los mismos derechos que otros ciudadanos. Despues e esto, me preoc

que migraci6n pueda detener a mi hija por falta e documentos que demuestr

ciudadana americana, principalmente

su

acta de nacimiento.

_s? Jf


35/76

[TRANSLATION OF AFFIDAVIT OF JUANA GOMEZ]

My name is Juana Gomez Ibarra, and I am over the age of eighteen and of sou

I swear under penalty of perjury under the laws of the United States that the foltrue and correct and is within my personal knowledge.

1) I am a Mexican citizen and I have been living in Texas for approximately 19 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 thof 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 he

security number. These documents confirm that she was born in Edinburg, her date of birth.

6) I have a Mexican consular identification (matricula), and I also took it to theregistrar’s office, as an identification. The consular ID I have is the new onehas a microchip. It is valid, and it doesn’t expire until 2020. I also took my Mpassport, which is also valid.

7) At the Edinburg registrar’s office, I was told that they could not give me my birth certificate because they did not accept the consular ID as a

identification. They also told me that they could not give me the birth certificthough I had the hospital paperwork.

8) They also told me at the Edinburg registrar’s office that I need to bring my Mvoter card. But since I left Mexico when I was still under 18, I cannot obtain

9) Because I do not have a birth certificate for my daughter, I have not been ab

baptize my daughter.

10) Also because I do not have a birth certificate for my daughter, I have not beto enroll her in the Head Start program, and she is also not been accepted adaycare. They tell me [at these places] that I need the birth certificate.



36/76

for my daughter who is about to be born, and all the problems that that will cme.

13)

Approximately two months ago, when I went through the Falfurrias checkpoimmigration officials did not want to let my daughter go through because shehave a birth certificate. This made me feel very frustrated and humiliated bemy daughter is a citizen of this country, and she has the same rights as othecitizens. After this, I am very worried that immigration may detain my daughlack of documentation showing that he is an American citizen, especially hecertificate.

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]_, 20

[Notary’s Seal, Moira Kenny]



37/76

AFFIDAVIT OF CYNTHIA IBARRA



38/76

Affidavit of Cynthia Ibarra

My name is Cynthia Ibarra, I am over eighteen years of age and I swear under penalty

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 driv

license. We took these with us to apply for a birth certificate for K.E.R. However, our

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

5. K.E.R. became extremely ll 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 of

sure the infection does not remain or recur.

7 She has an appointment with one specialist on August 31, 2015 and another with a

in

September.

8

The social worker at our clinic (Su clinica Familiar) has been working to keep the M

renewed for us, but she is telling us that we have to present the birth certificate soon o

have problems with our coverage. I have

been

told we may lose our coverage at the e

month.

9 We don t know ifthe specialists will agree to see K.E.R. if we don t have Medicaid

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 o

police. How can we show that K.E.R. is our daughter? If we are removed from the Un

how would she ever get back here to claim her citizenship?

~ cll

l

a. J_[< O Co

Cynthia Ibarra



39/76

Certificate ofTranslation

I Paula Garza certify that I

m

fluent in the English and Spanish languages and

translated this document to Affiant from English into Spanish and that the Affian

that she understood its contents.

Date:

......

zs-4/-'-;-'-


40/76

AFFIDAVIT OF PAULINA NIETO IBARRA



41/76

Affidavit of Paulina Nieto Ibarra

My

name

is

Paulina Nieto Ibarra, and I swear under penalty of perjury

that

the following

i

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, in the Rio Grande City Hospital in M

4 A few week after his birth, we all returned to live

in Reynosa

for a numberof reas

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 fo

return to Texas as well.

7

I went

to

the Registrar s office with -

·s

hospital documents and my own M

matricula, passport and voter card.

8 They denied me the birth certificate.

9 Estrella recently returned

to

Texas but the crossing is extremely dangerous. I

don

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

here safely.

~ 4 - . t



42/76


I certify that I am

fluent

in

the

English and Spanish languages, and

that

I translated this do

ffiant from English

into

Spanish, and

that

the ffiant indicated that she understood its c

. / 1

Translatop £

.

- <

I )

,

I

Date:

1

-

I

,·

)



43/76

AFFIDAVIT OF DINA NUNEZ



44/76

DECL R TION OF DIN NUNEZ

My

name is Dina Nunez, I am over eighteen years

of

age, and I swear under penalty

that the

fo

lowing is true and correct.

l

I am a community advocate in Cameron County, Texas. I work for Movimie

por los Derechos Humanos (Valley Movement for Human Rights), a project

Libertad (The Liberty Project). I have worked as a co1mnunity advocate in S

for

1

0 years.

2 Projecto Libertad is a non-profit organization that serves iimnigrant families

Rio Grande Valley

3. Moviiniento del Valle

por

los Derechos Humanos

is

a grassroots human righ

the

Rio Grande Valley that teaches iimnigrant parents and their children abo

rights. In addition to working as a community advocate myself, I am also res

the

supervision of four other cmmnunity advocates.

4. As a cmmnunity advocate, I have witnessed the problems caused

by

the new

denying the birth certificates

ofTexas bom

children to undocumented paren

5. Parents who have been denied birth certificates are worried that they will be

access iinportant benefits and services for their children. Poor innnigrant fam

work

with depend upon WIC, T ANF, and other govermnent benefits to feed

These are people who are so poor that their children may go hungry if food b

cut.

6 These denials are contributing to the fear iii our cmmnunity. Some parents ar

to even request birth certificates after the official at one

of

the offices threate

ilmnigration on the undocumented parents

of one child who needed a birth c

This fear

on

the part

of

parents transfers to their children in ways that I see

o

basis.

7 This problem is affecting families with older children as well. For example,

spoke to a parent who needs a long form birth certificate for a child who has

certificate. Because she does not have the identification now being required,

obtaii1 it. Siinilarly, lost, stolen, and destroyed documents cannot be replaced



45/76

Certificate o Translation

I Paula Garza certifY that I am fluent in the English and Spanish languages and

translated this document to Affiant from English into Spanish and that the Affia

that she understood its contents.

Date:

_


46/76

AFFIDAVIT OF MARIA ISABEL PERALES SER



47/76

AFFIDAVIT OF MARIA ISABEL PERALES SERNA

Mi

nombre

es

Maria Isabel Perales Serna y yo

jure

que lo siguiente

es

Ia

verdad bajo pena

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

I

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

encontrar empleo para mi.

5 Hace dos veces recientemente que Ia migra me pare. La primera vez yo querfa vi

escuela para

mi hijo

en san Antonio Texas. Lleve

K Z P S

con migo con

las

capias

papeles del hospi tal y su social.

6.

Me

interrogaban mucho

en Ia

segundaria a pesar de los papeles y me advirtieron

resolver Ia acta de nacimiento lo mas pronto posible.

7. La segunda vez yo andaba cerca a Progreso Texas. Un agente de Migracion me pa

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

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

de ella.

11.

Hay

un problema grande con mi medicaid porque en

Ia

tarjeta del medicaid esta m

I



48/76

. . . /

, I c u • - . . · c. < • •

( < \

Maria Isabel

Perales Serna

:. .(

l I \

. 41• \.

~ n d

( [')I[J/ztay

of

August

2015 a Notary

Public in

and for the S

~ . ; ; f X £ ~ ~

MYRNA ESMERALDA DEANDA

~ / . l l E

t.Jotorv

Public. late or Texas

'>•)·

~ ; > §

My

Commtsston

E ~ p f r n s

~ ( o r t - · 0 N •

'''' ' ''' ovember

21

, 2 16



49/76

Translation :AFFIDAVIT OF MARIA

ISABEL PERALES

SERNA

My

name is Maria Isabel Perales Serna and I swear

that

the

following

is

true and correct u

of perjury of the laws

of

the United States.

1. I am a citizen of Mexico and I have been in Texas for 4 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 refuse

the birth certificate for K Z P S

4. Because

of

this I cannot enrol l her in day care, and

so

it

is very hard

for

me

to

find

5 Recently, I have been stopped twice by immigration officers. The first time I wante

Antonio to visi t a school

for

my son. I brought

K Z P S

with me, and I had copies o

papers and her social security card.

6

At the

secondary, I was questioned a lot , despite

the

papers, and they warned me

to take care

of

the birth certificate

as

soon

as

possible.

7. The second time I was walking near Progreso, Texas. An immigration agent stoppe

was interrogated about

the

papers

for

the baby.

8 I explained my problem, and fortunate ly 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, a

separate me from my baby, or detain

us

while

they

investigate.

10. Worse, i f someone kidnaps my daughter, what will I do with no papers to show I a

mother?

11. There

is

a big problem

with mi

Medicaid because the card has my daughter s nam

wrong. Since

it

does

not

match

the

name on social security card, they have

not

pa

Since she

has

been sick

with

some lung problems a few times, I have terrible debt

hospitaL Also some specialists have refused

to

see her.

Without the birth

certifica

hard to correct

the

medicaid card.

Maria Isabel Perales Serna

Certificate of Translation:



50/76

I Jennifer Harbury certify th t I m fluent in the English and Spanish languages and th t

translated this Spanish language

document

from

the

Affiant into English.

Date



51/76

AFFIDAVIT OF QUENIA PEREZ

. .

AFFIDAVIT

OF

QUENIA PEREZ



52/76

y name is Quenia

Perez

I am over eighteen years

of age

and I swear under penalty of p

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 1 years. y son J.A.R

Mission, Texas in March 2006. Back then, we had

no

problems getting a Texas bir

for him.

2.

About 4 years ago my ex-husband returned to Mexico, and he took all

of

J.A.R. s

him, including the birth certif icate and social security card.

3. y mother and I and even my sister have gone

to

the birth certificate office in M

replace J.A.R. s birth certificate. They turned me down, so my

mother

tried

with

h

electoral card. They told her to get a matricula, but then turned that down as we

turned down my sister s Mexican electoral card, driver s license and matr icula. In

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

Edinburg, Texas in 2015.

5. We moved

to

Mission last year and since we did not know the people at the di ffe

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 b

We could not get one, and finally convinced them to let him finish the semester.

exactly the same problem getting him enrolled for this fall. But because of the pu

this lawsuit they have agreed that he can enroll for now. I am not sure for how lo

him stay though.

7.

Also the Medicaid office here in Mission

has

told me that I have to get the birth c

J.A.R. in order

to

renew this time. I think I have till the end of September to do th

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

that

these

two

boys are my sons.




53/76

I certify

th t

I m fluent in the English and Spanish languages and

th t

I have tran

document to Ms. Perez from English to Spanish and that she

h s

confirmed

th t



54/76

AFFIDAVIT OF MARIA DEL ROSARIO TERAN UR



55/76

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56/76

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58/76

y

name is Marla Del Rosario Teran Uriegas and I swear under penalty

of

perjury

of

the l

Un

ited States that the following

is

true:

1. I

am a citizen of Mexico and

I

have lived in Texas

for 7

years.

2.

y

two

sons were born here in Texas:

2013)

and

2014).

3. I have a matrlcula and passport, and the hospital documents and social security fo

- ·

y husband also has a passport and matricula.

4. They gave me a birth certificate for- but would not gi

ve

me one fo r-

5. La first time Iwent to get the certificate for-

they would not accept my ma

asked

for

a passport

but

when I went back

for

the passport they would not take it

current visa.

6.

I went a third time with- s grandmother. She had a Mexican electoral card

wou ld not

accept

it

because it was expired.

7.

I

want

to

enroll - in day care

but

when

1

went

to

one they told me they nee

certificate

for

Samuel.

8. I worry about if anything happens to - and we need urgent medical care, I c

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 with- cannot show

that

Samuel was b

United States.

10. I

have to renew WIC Medicaid and food stamps soon fo r- and worry they

birth certificate

to

renew the benefits.

11.

The medical clinic where

I

go has

asked

for the birth certificates

of

all my children

produce the birth certificate

fo r

- they can t serve me now.

-30-15.

Maria Del Rosario

Teran Uriegas

date

Certificate of Translation:



59/76

I

Jennifer Harbury certify th t I am fluent in

the

English and Spanish languages and th t I

translated this Spanish language document from the Affiant into English.

) C

Translator · ft ,

:

1

\

c Jen0 ' fer K. Harburv '

Date



60/76

AFFIDAVIT OF LETICIA TORRES

AFFIDA

vrr

OF LETICIA

TORRES



61/76

My name is Leticia Torres, I am

over

eighteen years

of

age and I

swear

that the fo

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

birth certificate at the local city office. I have an expired Mexican electoral car

cannot be renewed here.

us

well

us

current Mexican matricula and passport. M

also has an expired Mexican electoral card and drivers license. lie had a Lase

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 recen

lung infection.

5. I understand that I have to get a birth certificate to the Medicaid office very so

very worried about this problem.

6. We also worry about getting stopped by any police or Border patrol since we h

birth certificate to

show

she is our child.

This instrument was acknowledged before me

on

thi

CERTIFICATE OF

TR NSL TION

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



62/76

AFFIDAVIT OF JUANITA VALDEZ-COX

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS



63/76

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.

§ C A

1:

15-cv-00446

§

Texas Department o State Health

Services Vital Statistics Unit et al.,

§

§

§

Defendants

§

AFFIDAVIT OF JUANITA VALDEZ-COX

I Juanita Valdez-Cox, in accordance with the provisions of28 U.S.C. § 1746, declare a

1. I am the Executive Director of La Union del Pueblo Entero (LUPE). I have held

position for over ten years.

2.

LUPE is a non-profit membership organization comprised largely

of

immigrant

workers and their families who reside in Texas. Approximately one third of our

are undocumented immigrants.

3.

LUPE was founded in 1989

by

Cesar Chavez to help meet the advocacy and org

needs of

fannworkers and other low wage workers and their families. The organ

continues to

do

this work, while also responding to the immediate social and eco

needs of our members in the struggle to overcome the barriers and challenges fa

their daily lives. Many of these barriers and challenges relate to our members a

families immigration status.

4. A pati

ofLUPE s

mission has always been advocating for the fair government t

oflow income Texans, regardless of their immigration status.

5.

LUPE has operated an office in San Juan, Hidalgo County, Texas for over ten y

also has offices in the cities of Alton, Mercedes,

PhalT

and Edcouch, Texas. We

members and their families well-being. Members ask us to help them get ID re

for school enrollment, benefit applications, immigration applications, opening

b



64/76

accounts, access to health care, voting, and the like.

8

Members

ofLUPE

have been denied birth ce1tificates for their Texas

born

child

These members are undocumented and, while they

may

have the Mexican

matri

consular they do not have and cannot obtain the identification now being requir

Members have requested our assistance in obtaining birth ce1tificates following

denials.

9. LUPE has dive1ted significant resources in

an

attempt to identify and address th

problems caused

by

denials ofbi1th ce1tificates to our members and others in

ou

community.

We

have

infonned our

leadership, staff, and others about the practic

denying birth certificates. We have expended time, energy, and

money

to identif

to assist members who have been affected by denials.

We

are working to advise

members of their right to their children s bitth certificates, in some cases referrin

to other organizations for fmther assistance, and othe1wise done what

we

can to

them. This impmtant work comes at the cost

of

other activities which are core to

miSSIOn.

10.

The

denial

of

birth ce1tificates to Texas

born

children is causing hardship and di

to our members and our community and should be stopped immediately. Our me

and their children are being hurt in ways that cannot simply

be

fixed

in

the futur

11.

LUPE s

members who have been denied bitth ce1tificates or who will

be

denied

ce1tificates cannot properly parent their children. Access to government benefits

programs requires birth ce1tificates. Parents cannot register their children for day

school without bi1th ce1tificates. Medicaid eligibility cannot

be

renewed.

For

ma

may

be

difficulties with public housing and disability benefits.

12. LUPE is deeply concerned at the prospect

of

children missing school as a result

bi1th ce1tificates. These children already face

many

hurdles to academic success

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

baptize babies for whom birth ce1tificates have been denied. This religious cerem

very impmtant to many of our members. The inability to have their babies bapti

cause

of

great distress to some parents.

14. LUPE s members who are undocumented, and their families, live in constant fea

enforcement authorities. Apprehensions and deportations are at a historical high

increased militarization

of

the border area makes the fear

ofbeing

picked up at

a

I declare under penalty ofpe1jury that the foregoing is uu and con·ect.



65/76

Executed on the

l

ay

of

August

2015

Juo

1-\-c\ \) 'Ida Cox. 0

Juanita Valdez Cox



66/76

AFFIDAVIT OF VIOLETA VEGA

08 2

0/

2815

12: 41

956 3688823

TRLA

Affidavit ofVioleta

Vega



67/76

1. My

name is

Violeta Vega . Iam over

eigh

t

een

years

o age

and I swear under

pen

alty

under the laws

of

the United States th t the following Is true

and

correct.

2.

I

ive in Hidalgo

county Texas and my son, M.G.R.

was

born herE

il l

2014

.

3. 1 have

lived

in the United Statesfor manyyears, but I

only

had a Mexican matricula

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

son o u l d 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

sec

tion 8

ass

i

stance

so the rent

is

now

almost triple what

it was

before.

This

is

making things

for

us

.

My

former husband

is

refusing to

he

lp with the

baby

and

it

is

ha

rd to makee

6.

We

still have Medicaid for M.G.

R.

for a few more months but then

I

am worried ab

happen ifwe have no Medicaid covera ge. How will I take of the baby then if

he

gets

LL)

ui.lL rt

x/JO/)

r

Violeta

Vega

rt _

Signed and Sworn to before me

on

day

of August

2015

a notary public in

and

for the

~

tJ

. J l l A b

.btl..__

Notary Publ ic

Certificate

of

Translation:



68/76

I

Diana Salazar hereby

certify

that

I am

fluent in

both

the

English and Spanish languages

translated this document

to

ffiant in Spanish and she indicated that she understood its



69/76

AFFIDAVIT OF DR. MARSHA GRIFFIN

DECLARATION OF DR MARSHA GRIFFIN



70/76

My name is Dr. Marsha Griffin, I am over eighteen years of age, and I swear under

perjury that the following is true and correct.

l I am a pediatrician licensed to practice medicine in the state

of

Texas. have

employed

by

the Brownsville Community Health Center for the past nine ye

Pediatrics Department. I work full time and see approximately 80 patients a

patients range in age from new born to

19

years old. Up until this year, I wa

Director

of

the BCHC Department ofPediatrics and the Medical Director

of

Care Clinics, which provides health services to uninsured children in the Bro

Independent School District (BISD). I am also adjunct clinical faculty with

University

of

Texas Health Science Center at San Antonio's Regional Acade

Center, now University of

Texas Rio Grande Valley School ofMedicine.

2

The Brownsville Community Health Center BCHC} is a Federally Qualified

Center (FQHC) which is a Federal designation assigned to non-profit or pub

care organizations that serve predominantly uninsured

or

underserved popula

located in

or

serving a designated Medically Underserved Area/Population (

Our goal is to provide comprehensive primary care health services with exce

dignity to our community. Last year we served over 20,000 patients at BCH

3. The Pediatrics Department has over 6,000 patients. Essentially all

ofmy

pati

from families living well below the federal poverty line. They are almost ex

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 a

who do have insurance have some form

of

public insurance, such

as

Medica

Cameron County Indigent insurance coverage. We are always very concerne

poor

child is uninsured. This can have huge, sometimes permanent, conseque

or her health and well-being. Although we will always provide primary care

children in the Pediatric Department at BCHC and at BISD Campus Care Cl

need specialty care, it is always a struggle. Specialty care includes Cardiolo

Neurology, Orthopedics, Endocrinology, Puhnonology and others. There are

few sub-specialists who will see a child without insurance or cash to pay for

this area, I can count two.

5 BCHC is known in this c01mnunity as an advocate for our patients and the p

6 Parents of some of our youngest patients have reported to us about recent ch

procedures for obtaining birth certificates which have prevented them from a



71/76

these critical documents. These are often mothers who have several other Te

children and have their birth certificate. They do not understand what is diff

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 edu

outreach to the residents of colonias and poor neighborhoods in Brownsville

promotoras have also reported to me that mothers are afraid to go to City Hal

birth certificate for their newborn, because they have heard that others have b

their birth certificates, because of the mother s documentation status. My co

other pediatricians in this community are deeply troubled y the denial of ir

certificates to families already facing crushing poverty and other hardships.

seventeen year old mother, who came with her own mother to the clinic yest

the many fears and concerns that she has for her newborn son, one of them b

inability to obtain a birth certificate. She reported that she stops nursing whe

crying, because of the old wives tale that you can pass sorrow and fear on to

infant. She wondered

if

it

is

true that you can pass this pain to your infant. I e

her that what he needs most is her loving anns and her breast milk, and that

continues to stop nursing him frequently; she will no longer produce enough

sustain him. But I also told her that, indeed, children of all ages can sense a m

emotional pain, and that we would try to provide resources to help her. A ne

sometimes physically and emotionally tender. This

is

not the time to be infli

stress, which could trigger postpartUlll depression. This is a pressing public h

8. t

is

my opinion that that the denial

of

birth certificates to Texas-born childre

denial

or

threat of denial of benefits and services; and the resulting restriction

can cause substantial stress in these families. This would

e

the worst in fam

dealing with the challenges of illness. The health effects of such stress are no

underestimated. In my experience, undocumented parents already live lives f

burdened y poverty and discrimination, and the fear of possible separation f

children. I have personally seen this stress manifest in and exacerbate physi

mental health problems of their children. We, in the pediatric profession, hav

research on the effects of chronic stress on the long-term health trajectory of

Chronic stress in a family effects not only their health, but their child s abilit

life-saving meds. His school nurse called me, when she noticed that he was

walk to class, because of shortness ofbreath and fatigue.

t

was at that time,



72/76

referred to our Campus Care Clinic. Our staff worked diligently to find fund

specialty care for him and medications. The damage to his body during that

be reversed, but it could have been prevented. I have had parents cut a cast

child s arm with a saw, because they could not afford to take him back to the

for follow up care. We at the clinic provided him with funds for the initial e

treatment

by

an Orthopedist. He was referred

by

his school nurse, when she

his cast was gone and his arm was deformed.

Hann

to any child is, of course

entire cmmnunity and our own future. Can

we

morally be an accessory to tll

by

denying our own Texas born children their natural right to protection und

10

Most parents

of

uninsured children are extremely averse to taking their child

emergency room, because

of

the huge expense subsequently entailed. Some

hesitancy in going to the emergency room can be deadly for a child, such as

who has a severe acute asthma attack. Or a child with a severe allergic react

stings and has an anaphylactic attack. Waiting in these instances, can

be

trag

II

There are occasions when our patients need to travel to Houston or other are

the checkpoint for needed medical care. Typically these patients have grave

conditions, which cam1ot be treated in our area. Not a single child should be

from making this journey because he

or

she does not have a birth certificate

connnon carrier.

12. Any interference with a family s access to affordable housing and public edu

also have a deleterious effect

on

the health

of

a family, especially one in whi

or

members already have health problems.

13.

In

addition, our clinic is innnediately harmed

by

any change in a patient s ac

Medicaid. Serving one of the poorest communities in the country, BCHC rel

upon

Medicaid reimbursement for medical care provided to our Medicaid eli

patients, despite the fact that the number

of

Medicaid patients is a small perc

pediatric patient load.



73/76

AFFIDAVIT OF FLAVIA GARZA

AFFIDAVIT

OF

FLAVIA GA-Ret l q

>.. fZ

LA



74/76

My

name

is Flavia Garza. I am

over eighteen

years

of

age

and

I

swear

under penalty

of

perj

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 certifica

4. Igot my Mexican matricu/a in

approximately

2011

but

was again

denied

the birth c

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, a

birth certificate, with

the

social

security

card for 5.G.,

but was denied

the birth cert

They told me that when he was

18

years old he could get his own birth certificate.

7. When D.G. was little,

things

were easier

and

I was able

to

get him into school.

8. Everything is a lot harder now. I cannot sign 5.G. up for Head Start. Day

care

let hi

till provisional. I still have

to

bring in

the

birth ce rtificate. D.G. s school

is

also askin

9.

A few years

ago

when we

moved

to

Alamo, D.G. missed two weeks of school beca

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

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

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

patient

and

seem

to

understand

the

problem.

q ~ ~ ~ ~ d q

Flavia Garza

Date

Sworn to

and

signed before

me

on this __f _

day

of August 2015

before me

a notary in

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


75/76

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


76/76

Motion for Preliminary injunction.pdf

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