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OPPOSED BY DEFENDANTS

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

Maria Isabel Perales Serna on her own behalf ff

and as next friend for her minor daughter ff

K.Z.P.S., et al., If

If

Plaintiffs, ff

If

v. ff

If

Texas Department of State Health Services, ff

Vital Statistics Unit, Commissioner Kirk Cole, ff

in his official capacity, Unit Chief Geraldine ff

Harris, in her official capacity, ff

ff

Defendants ff

FILED

2O15AIJG2 PM 3:11

CLEiK L. :;T COURT WESTE tici TEXAS

C.A. 1:1 5-cv-00446 g '

MOTION OF UNITED MEXICAN STATES ("MEXICO") FOR LEAVE TO FILE AMICUS CURIAE BRIEF

IN SUPPORT OF PLAINTIFFS

TO THE HONORABLE JUDGE ROBERT L. PITMAN:

Now comes the United Mexican States ("Mexico" herein) by and through the

undersigned counsel, and respectfully files this motion for leave to file a brief as amicus

curiae, and in support thereof would show the court the following:

Case 1:15-cv-00446-RP Document 26 Filed 08/24/15 Page 1 of 5

I. Identity of Amicus Curiae Mexico

The United Mexican States (hereinafter, "Mexico") is a sovereign nation. Mexico

files this Motion and the accompanying brief through undersigned counsel.'

II. Interest and Authority of Mexico in this cause

Mexico is responsible under international and domestic law to protect its

nationals2 wherever they may be residing. This responsibility runs parallel to its interest

to maintain strong, friendly, and mutually beneficial relations with the United States of

America (hereinafter, "U.S.") and individual U.S. states. The aforementioned is

consistent with the Vienna Conventions on Diplomatic Relations (1961) and the Vienna

Convention on Consular Relations (1963), to which both the U.S. and Mexico are

signatories.3" These same two agreements also provide the authority for Mexico to file

this amicus brief.

Article 3 of the Vienna Convention on Diplomatic Relations provides that

the functions of a diplomatic mission consist, inter alia, in

No counsel for a party authored a brief in whole or in part, and no counsel for a party made a monetary contribution intended to fund the preparation or submission of this brief. No persons or entities other than the amicus, its members, or their counsel made a monetary contribution to the preparation or submission of the brief.

2 Article 30, section A of the Political Constitution of the United Mexican States establishes that Mexican nationality is acquired by birth or naturalization. Mexican nationality is

granted to children born abroad of a Mexican born parent.

The U.S. signed the Vienna Convention on Diplomatic Relations on June 29, 1961 and ratified it on November 13, 1972. Mexico signed the Convention on Diplomatic Relations on April 18, 1961 and ratified it on June 16, 1965.

"The U.S. signed the Vienna Convention on Consular Relations on April 24, 1963, ratifying the Convention on November 24, 1969. Mexico signed the Vienna Convention on Consular Relations on October 7, 1963, and ratified it on June 16, 1965.

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Representing the sending State in the receiving State; [and] Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law.

The Vienna Convention on Consular Relations at Article 5 further elaborates

consular functions. Relevant provisions of Article 5 specify following responsibilities:

(a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;.. (e) helping and assisting nationals, both individuals and bodies corporate, of the sending State;.. (h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons; [and] (m) performing any other functions entrusted to a consular post by the

sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the receiving State.

Mexico files this amicus brief in order to protect its nationals and their families,

and in service of its relations with the U.S., as described above. The Texas Department

of State Health Services (TDSHS), Vital Statistics Unit, harms U.S. citizen children who

are also Mexican citizens, when it refuses to issue birth certificates to their parents unless

these parents provide proof that they are legally present in the U.S.

III. The prospective amicus curiae brief of Mexico provides information and analysis not yet provided to the court and relevant to the ultimate disposition of this case.

The proposed brief of amicus curiae Mexico addresses certain harms of effective

deprivation of identity, U.S. citizenship, and Mexican citizenship that are not yet

addressed by the parties. These issues implicate the U.S. and Mexican Constitutions as

well as international law. Further, amicus curiae Mexico is in the ideal position to

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explain to the Court the numerous security features of both Mexican passports and

Consular Identification Cards. These security features are relevant to the disposition of

this case because if Mexican passports or Consular Identification Cards provide reliable

evidence of a person's identification, then the policy of the TDSHS refusing to accept

either of these documents is not rational and the state's action would offend the U.S.

Constitution under even the least rigorous equal protection analysis.

WHEREFORE, premises considered, Mexico asks this Court to grant its Motion

for Leave to File Amicus Curiae Brief in this cause.

Respectfully Submitted,

VfrgiieR aymond Counsel for Amicus Curiae, The United Mexican States ("Mexico ") State Bar of Texas No. 16617300 Law Office of Virginia Raymond 1006 East César Chavez Street Austin, Texas 78702 512.472.6270 (office); 512.472.8263 (fax)

CERTIFICATE OF CONFERENCE

I, Virginia Marie Raymond. Mr. Thomas A. Aibright, Counsel for Defendants, indicated today, August 24, 2015, that Defendants oppose this this Motion.

I also certify that I have conferred with Counsel for Plaintiffs Jennifer Harbury, James C. Harrington, and Efrén Olivares, concerning Mexico's intention to file this Motion and an Amicus Curiae brief in this case. The Plaintiffs do not oppose this Motion.

(Th Virgith Marie Raymond Counsel for Amicus Curiae, Mexico Law Office of Virginia Raymond 1006 East César Chavez Street Austin, Texas 78702


CERTIFICATE OF SERVICE

I, Virginia Marie Raymond, certif' that I served a true and correct copy of the foregoing Brief of Amicus Curiae, the United Mexican States, in Support of Plaintiffs, on the 24th day of August, 2015, through first-class, pre-paid U.S. mail, as well as through electronic mail, to the parties at the following addresses.

Ken Paxton Charles E. Roy James E. Davis Angela V. Colmenero Thomas A. Aibright Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548

Jennifer K. Harbury Texas Rio Grande Legal Aid, Inc 300 South Texas Boulevard Weslaco, Texas 78596 [email protected]

Efrén C. Olivares Senior Staff Attorney South Texas Civil Rights Project 1017 W. Hackberry Ave. efi entexasciv11r1ghtsproJeLt otg

James C. Harrington Director Texas Civil Rights Project 1405 Montopolis Drive Austin, Texas 78741 ich(ämai1 .utexas.edu

Virg Marie Raymond, Attorney at Counsel for Mexico 1006 East César Chavez Street Austin, Texas 78702 512.472.6270 (office); 512.472.8263 (fax) [email protected]

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