American Citizens Denied Passports

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Addie
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American Citizens Denied Passports

#1

Post by Addie » Thu Aug 30, 2018 11:31 am

H/T Dolly

WaPo
U.S. is denying passports to Americans along the border, throwing their citizenship into question ...

As he would later learn, Juan is one of a growing number of people whose official birth records show they were born in the United States but who are now being denied passports — their citizenship suddenly thrown into question. The Trump administration is accusing hundreds, and possibly thousands, of Hispanics along the border of using fraudulent birth certificates since they were babies, and it is undertaking a widespread crackdown.

In a statement, the State Department said that it “has not changed policy or practice regarding the adjudication of passport applications,” adding that “the U.S.-Mexico border region happens to be an area of the country where there has been a significant incidence of citizenship fraud.”

But cases identified by The Washington Post and interviews with immigration attorneys suggest a dramatic shift in both passport issuance and immigration enforcement.

In some cases, passport applicants with official U.S. birth certificates are being jailed in immigration detention centers and entered into deportation proceedings. In others, they are stuck in Mexico, their passports suddenly revoked when they tried to reenter the United States. As the Trump administration attempts to reduce both legal and illegal immigration, the government’s treatment of passport applicants in South Texas shows how U.S. citizens are increasingly being swept up by immigration enforcement agencies. ...

The same midwives who provided fraudulent birth certificates also delivered thousands of babies legally in the United States. It has proved nearly impossible to distinguish between legitimate and illegitimate documents, all of them officially issued by the state of Texas decades ago. ...

A 2009 government settlement in a case litigated by the American Civil Liberties Union seemed to have mostly put an end to the passport denials. Attorneys reported that the number of denials declined during the rest of the Obama administration, and the government settled promptly when people filed complaints after being denied passports.

But under President Trump, the passport denials and revocations appear to be surging, becoming part of a broader interrogation into the citizenship of people who have lived, voted and worked in the United States for their entire lives.
Adding:
The Hill: US cracking down on citizenship for hundreds of Hispanics along border: report


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Re: American Citizens Denied Passports

#2

Post by RTH10260 » Thu Aug 30, 2018 11:48 am

:brickwallsmall: :brickwallsmall: :brickwallsmall:



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Re: American Citizens Denied Passports

#3

Post by Addie » Thu Aug 30, 2018 4:30 pm

Slate
No, Obama Did Not Inspire Trump’s Illegal Policy of Denying Passports to Hispanic Citizens

On Wednesday, the Washington Post published a blockbuster report by Kevin Sieff revealing that the Trump administration is denying passports to American citizens born in the United States near the Mexican border. The targets of this practice, almost all of whom are Hispanic, have been sent to immigration detention facilities and placed into deportation proceedings—a clear violation of their constitutional rights. Startlingly, when the story first published, it alleged that this practice “began during Barack Obama’s administration.” Is it really true that Obama, not Trump, devised this plan to denaturalize American citizens on the basis of their ethnicity?

No. The Obama administration did not launch a denaturalization scheme. To the contrary, it inherited one from the George W. Bush administration, which it swiftly abolished, while implementing safeguards to prevent illegal passport revocations in the future. Trump has not, by any means, picked up where Obama left off, as the article initially suggested. He has, instead, revived and expanded one of the Bush administration’s cruelest policies.

Bush’s Department of State appears to have begun refusing passports to Hispanic citizens in 2003, ostensibly in response to scattered cases of midwives providing fraudulent American birth certificates to children born in Mexico. A large number of children near the southern border are birthed at home with the aid of midwives, due largely to the cost of hospital delivery. The State Department had no evidence that the individuals it had targeted were actually born in Mexico. But because they were Hispanics born to midwives in Texas, the agency applied special scrutiny to their passport applications, compelling them to provide extensive documentation to prove their American births. One older man, for instance, was asked to send in a 1935 census report, which did not exist, as well as 75-year-old records of prenatal care that had long been lost.

In 2008, a group of immigrants represented by the American Civil Liberties Union sued the State Department for denying them passports. They alleged that the government had violated their due process and equal protection rights by imposing a heightened burden of proof to their passport applications because they were Hispanics whose births in a border state were assisted by midwives. The administration began settlement talks with the ACLU, and several plaintiffs finally received their passports in the waning days of his administration.

Shortly after Barack Obama took office, and Hillary Clinton became Secretary of State, the government sent out passports to the remaining plaintiffs. In June 2009, the Obama administration entered into a settlement agreement with the ACLU. Under the terms of the agreement, the State Department was required to train staff to ensure that certain applications were not subject to suspicion for illicit reasons. The settlement also created a panel that reviewed passport denials to ensure that they were lawful, and directed the agency to cite specific reasons for each denial. Even after the completion of that process, an applicant had the right to challenge the denial and demand reconsideration. Moreover, individuals who were wrongly denied passports during the Bush administration were permitted to reapply without cost.


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Re: American Citizens Denied Passports

#4

Post by Addie » Thu Aug 30, 2018 4:47 pm

Esquire - Charlie Pierce: We begin Thursday on the general theme of What In The Unholy Fck Is Going On And What In The Unholy Fck Is Wrong With These People? ...

This is unprecedented. This is unAmerican in the extreme. This is the kind of thing out of which blood-and-soil laws are drawn. (Dr. Wilhelm Stuckert, please call your office in hell.) Your papers are never in order, if you happen to fit a broadly drawn racial profile. This is fascism, pure and simple.


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Re: American Citizens Denied Passports

#5

Post by Dolly » Thu Aug 30, 2018 5:07 pm

Addie wrote:
Thu Aug 30, 2018 11:31 am
H/T Dolly
Thank you for the thread and additional links, Addie.

This is so weird, horrible, scary and not sure how else to describe my feelings.

IANAL but it seems like a Certified Copy of a Birth Certificate and a U.S. Passport that has been issued would be enough.

Wouldn't the Government have to prove fraud - instead of asking the citizens for further proof at this point?

:madguy:


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Re: American Citizens Denied Passports

#6

Post by noblepa » Thu Aug 30, 2018 5:20 pm

I heard a story on NPR as I was driving home about this.

Apparently, back in the 1950's, 60's and 70's, some Mexican midwives were falsifying birth certificates, showing that the baby had been born in the US. Several were convicted. This is clearly a crime.

Even if the record shows that an individual was delivered by one of those midwives, that does not prove that that particular individual's BC is fraudulent.

The Constitution contains the Full Faith and Credit clause, requiring all states and, presumably, the federal government, to accept legal documents issued by other states. The people in question hold BC's issued by the State of Texas.

IANAL, but it is my understanding that a BC is prima facie evidence of place of birth. Again, IANAL, but I understand that this means that such a document is rebuttable, but that the burden of proof is on the party challenging the validity.

These people are being required to produce all sorts of evidence, such as records of their mother's US pre-natal care. This could be extremely difficult to find.

It seems to me that it should be up to the State Department to prove that the particular BC is fraudulent. It should not be up to the citizen to prove that his/her BC is valid.

If this program is allowed to continue, these people could easily end up stateless. Just because they are judged, rightly or wrongly, to lack a valid US BC, does not mean that they necessarily born in Mexico.



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Re: American Citizens Denied Passports

#7

Post by MsDaisy » Thu Aug 30, 2018 5:52 pm

Dolly wrote:
Thu Aug 30, 2018 5:07 pm
Addie wrote:
Thu Aug 30, 2018 11:31 am
H/T Dolly
:snippity:

Wouldn't the Government have to prove fraud - instead of asking the citizens for further proof at this point?

:madguy:
That is exactly what I was thinking, but then this Government has been so totally Trumped that literally nothing is shocking any more :(


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Re: American Citizens Denied Passports

#8

Post by Sunrise » Thu Aug 30, 2018 6:01 pm

And once again, my only response is :smokeears: :smokeears: :cussing: :cussing:


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Re: American Citizens Denied Passports

#9

Post by Mikedunford » Thu Aug 30, 2018 6:08 pm

Here's a Vox article with a good - and nuanced - overview.

https://www.vox.com/2018/8/30/17800410/ ... l-citizens

The tl:dr is that, as is often the case with this administration and immigration, what's happening isn't entirely new. It's an escalation of something that had started some time ago, being carried out against a community which has suffered many other such escalations since Jan 2017.


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Re: American Citizens Denied Passports

#10

Post by Dolly » Thu Aug 30, 2018 6:18 pm

Dem warns US immigration officials who are 'just following' Trump's orders on reported passport crackdown

Rep. Ruben Gallego (D-Ariz.) on Thursday issued a warning to U.S. government officials who are following President Trump's orders to double down on authenticating the citizenship of hundreds of Hispanics along the U.S.–Mexico border.

"If you are a US government official and you are deporting Americans be warned," Gallego comment along with a tweet from MSNBC reporter Chris Hayes, which linked to a Washington Post story about the crackdowns. "When the worm turns you will not be safe because you were just following orders. You do not have to take part in illegal acts ordered by this President's administration."

Gallego's tweet came in response to the Post's Wednesday report, which said the Trump administration is reportedly accusing hundreds — and possibly thousands — of Hispanics living along the southern border of having fraudulent birth certificates. The Post reported that some passport applicants with official U.S. birth certificates are being jailed in detention facilities as they await immigration proceedings, while others have had their passports stripped from them as they tried to reenter the U.S.

"It should be frightening to every American that a sitting member of Congress would threaten the safety of any person and their family, and incite the public to take acts of violence against them," the National Immigration and Customs Enforcement (ICE) Council wrote in a statement to Fox News reporter Alex Pappas, following Gallego's tweet. <SNIP>
http://thehill.com/homenews/house/40446 ... ing-orders

the tweet at the article
Ruben Gallego

@RubenGallego
If you are a US government official and you are deporting Americans be warned. When the worm turns you will not be safe because you were just following orders. You do not have to take part in illegal acts ordered by this President's administration.

Chris Hayes

@chrislhayes
Citizens having their papers demanded, then confiscated and then put in detention and ordered into deportation proceedings.

The historical resonances here are clear as bell. https://www.washingtonpost.com/world/th ... 9f80c2dd7d

10:46 PM - Aug 29, 2018


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Re: American Citizens Denied Passports

#11

Post by Notorial Dissent » Thu Aug 30, 2018 7:23 pm

Sounds like LaRump is due back in court. Again.


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Re: American Citizens Denied Passports

#12

Post by Addie » Sun Sep 02, 2018 12:59 pm

LA Times Editorial
Trump stripping Mexican Americans of their passports on flimsy evidence is unconscionable, even for him

In its zeal to rid the United States of people living here illegally, the federal Immigration and Customs Enforcement agency has long crossed lines of decency and propriety — from detaining the undocumented in jails regardless of whether they pose a flight risk or a public safety threat to, more recently, separating parents from their children at the border to try to deter families from entering.

And not just immigrants are affected by these zero-tolerance policies. This year the Los Angeles Times reported that some 1,500 American citizens had been detained for deportation in error, often because investigators messed up the identifications. One example: After investigators mistook his father, a Jamaican-born American citizen, for a noncitizen with a similar name, a New York man spent 1,273 days in detention before he finally persuaded the government that he was, indeed, a U.S. citizen.

Now comes a report from the Washington Post that the government has revived a practice of denying passport applications and renewals from hundreds of people of Mexican descent living along the Rio Grande. Why? Because they had been born with the assistance of a midwife at home or in a community health center rather than at a regional hospital, a not uncommon practice in remote and impoverished areas where health services can be hard to find. Unfortunately, some of the midwives had fraudulently attested that a few Mexican-born babies had been delivered on the U.S. side of the border, improperly qualifying them for citizenship. During the George W. Bush administration the government began questioning the citizenship of thousands of people simply because they had been delivered by one of the handful of midwives who had committed fraud.

Civil rights groups rightly sued in 2008 on the grounds that those targeted were being denied due process and were being singled out because of their ethnicity. In a 2009 settlement, the government promised to better train staff and set clearer directions on processing passport applications, including no longer relying solely on the presence of a midwife at the birth to justify questioning the legitimacy of a birth certificate. Now, under the Trump administration, it appears those onerous practices have returned with a vengeance.

Even people born under the care of a Texas gynecologist, Dr. Jorge Trevino, have had their passport applications rejected. The government didn’t comment to the Post on why that doctor’s patients had been flagged, but in this administration, it’s not unreasonable to wonder whether the births would be questioned if the doctor’s name was Smith.


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Re: American Citizens Denied Passports

#13

Post by much ado » Sun Sep 02, 2018 1:40 pm

Addie wrote:
Sun Sep 02, 2018 12:59 pm
LA Times Editorial
Trump stripping Mexican Americans of their passports on flimsy evidence is unconscionable, even for him
:snippity:
Anyone who thinks denying American citizens their passports is unconscionable for Trump has not been paying attention.



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Re: American Citizens Denied Passports

#14

Post by GreatGrey » Sun Sep 02, 2018 8:40 pm

Addie wrote:
Sun Sep 02, 2018 12:59 pm
LA Times Editorial
Trump stripping Mexican Americans of their passports on flimsy evidence is unconscionable, even for him

In its zeal to rid the United States of people living here illegally, the federal Immigration and Customs Enforcement agency has long crossed lines of decency and propriety — from detaining the undocumented in jails regardless of whether they pose a flight risk or a public safety threat to, more recently, separating parents from their children at the border to try to deter families from entering.

And not just immigrants are affected by these zero-tolerance policies. This year the Los Angeles Times reported that some 1,500 American citizens had been detained for deportation in error, often because investigators messed up the identifications. One example: After investigators mistook his father, a Jamaican-born American citizen, for a noncitizen with a similar name, a New York man spent 1,273 days in detention before he finally persuaded the government that he was, indeed, a U.S. citizen.

Now comes a report from the Washington Post that the government has revived a practice of denying passport applications and renewals from hundreds of people of Mexican descent living along the Rio Grande. Why? Because they had been born with the assistance of a midwife at home or in a community health center rather than at a regional hospital, a not uncommon practice in remote and impoverished areas where health services can be hard to find. Unfortunately, some of the midwives had fraudulently attested that a few Mexican-born babies had been delivered on the U.S. side of the border, improperly qualifying them for citizenship. During the George W. Bush administration the government began questioning the citizenship of thousands of people simply because they had been delivered by one of the handful of midwives who had committed fraud.

Civil rights groups rightly sued in 2008 on the grounds that those targeted were being denied due process and were being singled out because of their ethnicity. In a 2009 settlement, the government promised to better train staff and set clearer directions on processing passport applications, including no longer relying solely on the presence of a midwife at the birth to justify questioning the legitimacy of a birth certificate. Now, under the Trump administration, it appears those onerous practices have returned with a vengeance.

Even people born under the care of a Texas gynecologist, Dr. Jorge Trevino, have had their passport applications rejected. The government didn’t comment to the Post on why that doctor’s patients had been flagged, but in this administration, it’s not unreasonable to wonder whether the births would be questioned if the doctor’s name was Smith.
It seems to me the burden of proof is bass ackwards in these cases.


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Re: American Citizens Denied Passports

#15

Post by Addie » Sun Sep 16, 2018 1:48 pm

KCTV
KS woman told her birth cert not enough to prove citizenship for passport

FAIRWAY, KS (KCTV) — Born and raised in Kansas, Gwyneth Barbara didn’t expect this kind of hassle.

Barbara had been issued a U.S. passport before, but this time around, Barbara was told her birth certificate wasn’t good enough to prove her citizenship.

“It’s like they’re retroactively declaring that I was never a citizen,” Barbara said.

Barbara was born in a farmhouse in the 1970s in Leavenworth County. She had a birth certificate. Her father went to the courthouse days after she was born to certify her birth -- raised seal and all.

The local passport agency accepted her documentation as satisfactory for her passport application. Days later, she received a letter from the federal division of the U.S. Passport Agency out of Houston, TX, telling her the application was denied and required further documentation. ...

She received a letter asking her to submit any number of the listed additional documents.

“Border crossing card or green card for your parents issued prior to your birth? My parents were born in the United States….Early religious records? We don’t have any. Family Bible? They won’t accept a birth certificate but they will accept a family Bible?” Barbara said.


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Re: American Citizens Denied Passports

#16

Post by Maybenaut » Sun Sep 16, 2018 1:57 pm

Addie wrote:
Sun Sep 16, 2018 1:48 pm
KCTV
KS woman told her birth cert not enough to prove citizenship for passport

FAIRWAY, KS (KCTV) — Born and raised in Kansas, Gwyneth Barbara didn’t expect this kind of hassle.

Barbara had been issued a U.S. passport before, but this time around, Barbara was told her birth certificate wasn’t good enough to prove her citizenship.

“It’s like they’re retroactively declaring that I was never a citizen,” Barbara said.

Barbara was born in a farmhouse in the 1970s in Leavenworth County. She had a birth certificate. Her father went to the courthouse days after she was born to certify her birth -- raised seal and all.

The local passport agency accepted her documentation as satisfactory for her passport application. Days later, she received a letter from the federal division of the U.S. Passport Agency out of Houston, TX, telling her the application was denied and required further documentation. ...

She received a letter asking her to submit any number of the listed additional documents.

“Border crossing card or green card for your parents issued prior to your birth? My parents were born in the United States….Early religious records? We don’t have any. Family Bible? They won’t accept a birth certificate but they will accept a family Bible?” Barbara said.
She must be the token white person. See! We're not targeting Hispanics! What a disgrace.



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Re: American Citizens Denied Passports

#17

Post by voxpopuluxe » Sun Sep 16, 2018 2:18 pm

Yeah, worth noting that many trans people have been reporting denials and increased difficulties in receiving or renewing passports since the beginning of this year. And I think it’s likely to encompass broader and broader classes of people if it goes unchallenged.


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