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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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