An initiative has been launched to create two kinds of birth certificates; one for children of illegal immigrants and another for everyone else. Anti illegal immigrant activists are pushing this effort to ensure that public funding will not be available to children of illegal immigrants born in the USA. However opponents say that it is discriminatory and highly unconstitutional.
The initiative has been endorsed by many officials, some of them including former state senator Bill Morrow and former US attorney Peter Nunez. If the initiative is approved parents would have to show proof of legal residency before receiving their child’s birth certificate. Those who cannot prove this will have to pay an additional $75 to the country registrar and provide proof of employment, two passport sized photographs of the mother and the mother’s fingerprints. The county registrar is then under obligation to report this case to Homeland Security. For parents who do not possess a valid residency, the county will not provide a birth certificate for their child, instead provide a “birth to foreign parents” document.
Although this initiative is being carried out with the aim of deterring illegal immigrants from entering the USA, it appears that treating children differently on the basis of their parents immigration status is a violation of the equal protection clause of the US constitution.