Helping the child of an illegal immigrant get right with the law

May 26, 2009 6:56 PM

I'm in the Big Brothers Big Sisters program, and I'm trying to help my 15 year old Little Sis get her learner's permit and on the road to a drivers license. We need to order her birth certificate from Texas. However, parental permission is needed, and her undocumented mom doesn't want to send in the required copy of a photo ID.

My Little Sis is a US citizen by birth, but doesn't have a copy of her certificate, which she needs for the DMV. We're in another state, and have been looking into getting a copy sent up from Texas. The Vital Statistics site says that for an online application the parent's SSN is required, which rules out that option. We can try ordering by Mail(pdf) which doesn't require a SSN, but does need a photocopy of the parent's photo ID. Her mom somehow has an official photo ID issued by our state. However, the mother doesn't want to provide a copy in fear of being deported. The father really isn't in the picture, and the undocumented issue may be the same with him.

So, how likely is it that INS would go after someone based on a birth certificate request? Is there anything I can do to help them out or reassure the mom?

I know, YANAL or YANML. Thanks in advance.

posted by anonymous to law & government (6 comments total)

She (the mother) doesn't have any utility bills or so on?

What if I don't have a photo ID?
If the applicant does not have a photo ID, an alternative would be to send a photocopy of the photo ID of an immediate family member, who will then become the applicant. Another option is to send photocopies of two documents with the applicant's name, such as a utility bill, a recent paycheck stub, an employment or organizational ID, or a Social Security card. One of the documents must have the applicant's signature. Applications received without photo ID or acceptable alternatives cannot be processed.
posted by jacalata at 7:12 PM on May 26

Where did you get the information that parental permission is necessary? I couldn't find any mention of it on that site, so I wonder whether your Little Sis could send in an application on her own behalf, assuming she can come up with some combination of those forms of ID (school ID? social security card?).

Alternatively, it looks like you can submit a notarized statement from her mom, authorizing release of the records to a third party. You would need to send a copy of your own ID, but it looks like the mom would not need to submit anything of her own.
posted by Siobhan at 7:28 PM on May 26

If your Little Sister has any form of identification on her own, and DSHS specifically mentions that a student ID is acceptable, she may apply on her own for her own record. (See answer 5) Minors are allowed to request their own birth certificate.

As to your other question, I have never heard of INS going after someone who is simply requesting a birth certificate, especially on behalf of their minor child. In Texas, a birth certificate is required to enroll a child in public school, so I'm certain many undocumented people have taken care of this and most of them have likely done it in person. (You can go to any medium-or-larger city hall and have a birth certificate printed on the spot, as well as every county courthouse)

I should also mention that waiting on DSHS to take care of this can take a long time. If you know someone in Texas--it doesn't matter the county; all births since approximately 1977 are computerized and available throughout the state--either the birth mother or the Little Sister herself could give that person permission to get the birth certificate. It takes about 10 minutes and that person would need to provide photo ID. It is easy to get a certified birth certificate--maybe too easy--but the rules make it seem like a royal pain in the behind.
posted by fireoyster at 7:47 PM on May 26

You can contact the hospital she was born in to see if they will release a copy to you with her permission.
posted by The Straightener at 7:51 PM on May 26

Not to be pedantic, but it hasn't been called INS since 2003. It's ICE now.

The chances of ICE going after Little Sister's mom is extremely close to zero - how would they even know her ID is that of an illegal immigrant? ICE wouldn't even know about her request unless someone in the Texas Vital Statistics office notified them. And under the Obama administration, I think ICE is moving away from straight-up intimidation tactics like staking out elementary schools. However, I also know that people who are undocumented are extremely suspicious of any government worker or office. I would take the above suggestions and try to find an alternative method, just to please the mom.
posted by falconred at 10:30 PM on May 26

I was a Big Sister. I know where your heart is on this one, but really, please talk to your contact with the organization before you proceed any further with any of these plans. They might have a ready-made solution for you, or advise you against going down this particular path. FWIW, the parent's fears don't seem unreasonable if I were in her shoes.
posted by vincele at 12:08 AM on May 27 [1 favorite]