Federal judge rules against state on immigrant paternity case

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Sitting at the crossroads between immigration law, paternity establishment, and the controversy on how the United States handles illegal immigrants, a federal judge in Indianapolis has ordered state health officials to stop denying unmarried immigrant parents without a Social Security number the ability to file an affidavit establishing paternity.

U.S. Judge Tanya Walton Pratt on Thursday granted a preliminary injunction stopping the Indiana State Department of Health from using a new policy that targets those without Social Security numbers, whether they are individuals here on working visas or those with pending immigration statuses. The American Civil Liberties Union of Indiana filed the suit in U.S. District Court for the Southern District of Indiana in November on behalf of a group of families whose immigration status doesn’t allow them to get those numbers and as a result, deprives them of their 14th Amendment rights to have their U.S. born children get child support and related benefits of paternity.

The state used to accept affidavits even if one or both parents' Social Security numbers were missing, but in July that policy changed to require both numbers in order to validate the forms. This case, L.P., et al. v. Commissioner, Indiana State Department of Health, No. 1:10-CV-1309, follows that.

In a hearing Thursday, state register Erin Kellam, who took that job in March 2010, told Judge Pratt that she’d understood state statute to require Social Security numbers and didn’t think it was subject to interpretation.

But Judge Pratt disagreed, pointing to the state department’s “inconsistent” and “perhaps even incoherent” internal policies and how the state argued it needed that information to track a child’s parents in case child support enforcement is needed.

“This reasoning rings hollow,” she wrote. “In effect, the Commissioner is arguing that not establishing paternity at all is somehow preferable to establishing paternity if the affidavit is missing a social security number. Given that the overarching purpose of the law in this area is to establish paternity and enforce child support obligations, this justification defies common sense. Where the choice is between establishing paternity at birth without the parents’ social security numbers and not establishing paternity at all, only the former choice will further the state’s interests. At bottom, the Commissioner’s interpretation erects impenetrable roadblocks to being legitimated via paternity affidavit for Plaintiffs. Regardless of the level of scrutiny employed, Plaintiff’s stand on their Equal Protection Clause claim.”

Judge Pratt disregarded the state’s claim that plaintiffs could turn to the court system to establish paternity, instead of the affidavits.

“However, as the Court well knows, the process of navigating this sometimes maddening world is, to put it charitably, burdensome,” she wrote.

Legitimatizing children is paramount and something that is in the public interest, Judge Pratt said.

The Indiana Attorney General’s Office has not yet determined whether it will appeal the ruling to the 7th Circuit Court of Appeals, but spokesman Bryan Corbin said the AG has 30 days to make that decision.


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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.