The brief declares that “Mexico is responsible to protect its nationals wherever they may be residing,” and a footnote clarifies that under the Mexican Constitution, “Mexican nationality is granted to children born abroad of a Mexican born parent.” In other words, anchor babies born in this country retain their parents’ nationality, which means their citizenship belongs there, not here. This case was filed on behalf of about two dozen mothers who admit they are citizens of Mexico living illegally in Texas. The women complain that without proper ID they therefore can’t enroll in Medicaid, food stamps, Section 8 housing, and other U.S. taxpayer-paid benefits.
Like other states, Texas issues a birth certificate to a close relative only on presentation of a valid ID issued by a U.S. federal or state agency. Mexican consulates issue these illegals an official-looking document called the matricula consular which includes a laminated photo. Of course, Texas rightly refuses to accept such foreign documents that it has no way to verify. The basic allegation of the lawsuit is that by refusing to accept the matricula consular as proper ID, Texas is somehow violating the Fourteenth Amendment by depriving anchor babies of U.S. citizenship. On the contrary, the reliance on a foreign identity document proves these babies are “subject to the jurisdiction” of a foreign power and thus not eligible for automatic U.S. citizenship.
Listen to the radio commentary here: