U.S. denying passports to Americans
Trump administration accusing Hispanics along border of having fake birth certificates
PHARR, Texas — On paper, he’s a U.S. citizen.
His official birth certificate shows he was delivered by a midwife in Brownsville, Texas. He spent his life wearing American uniforms: three years as a private in the Army, then as a cadet in the Border Patrol and now as a state prison guard.
But when Juan, 40, applied to renew his passport this year, the government’s response floored him. In a letter, the State Department said it didn’t believe he was an American citizen.
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 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 crackdown on their citizenship.
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 immigration attorneys suggest a 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 revoked when they tried to re-enter 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.
Juan said he was infuriated by the government’s response. “I served my country. I fought for my country,” he said, speaking on the condition that his last name not be used so that he wouldn’t be targeted by immigration enforcement.
The government alleges that from the 1950s through the 1990s, some midwives and physicians along the Texas-Mexico border provided U.S. birth certificates to babies who were actually born in Mexico. In a series of federal court cases in the 1990s, several birth attendants admitted to providing fraudulent documents.
Based on those suspicions, the State Department during the George W. Bush and Barack Obama administrations denied passports to people who were delivered by midwives in the Rio Grande Valley.
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 Donald 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.
“We’re seeing these kind of cases skyrocketing,” said Jennifer Correro, an attorney in Houston who is defending dozens of people who have been denied passports.
In its statement, the State Department said that applicants “who have birth certificates filed by a midwife or other birth attendant suspected of having engaged in fraudulent activities, as well as applicants who have both a U.S. and foreign birth certificate, are asked to provide additional documentation establishing they were born in the United States.”
When Juan received a letter from the State Department telling him it wasn’t convinced that he was a U.S. citizen, it requested a range of documents — evidence of his mother’s prenatal care, his baptismal certificate, rental agreements from when he was a baby.
He managed to find some of those documents but weeks later received another denial. In a letter, the government said the information “did not establish your birth in the United States.”
“I thought to myself, you know, I’m going to have to seek legal help,” said Juan, who earns $13 an hour as a prison guard.
Jaime Diez is an attorney in Brownsville with dozens of clients who are U.S. citizens and had their passports denied or revoked.
Among them are soldiers and Border Patrol agents.
The State Department says that even though it may deny someone a passport, that does not necessarily mean that the individual will be deported. But it leaves them in a legal limbo, with one arm of the federal government claiming they are not Americans and the prospect that immigration agents could follow up on their case.
The State Department would not say how many passports it has denied to people along the border because of concerns about fraudulent birth certificates. The government has also refused to provide a list of midwives whom it considers to be suspicious.
Lawyers along the border say that it isn’t just those delivered by midwives who are being denied.
Babies delivered by Dr. Jorge Trevino, one of the regions most well-known gynecologists, are also being denied. When he died in 2015, the McAllen Monitor wrote in his obituary that Trevino had delivered 15,000 babies.
It’s unclear why babies delivered by Trevino are being targeted.
Diez said the government has an affidavit from an unnamed Mexican doctor who said that Trevino’s office provided at least one fraudulent birth certificate for a child born in Mexico.
One of the midwives who was accused of providing fraudulent birth certificates in the 1990s admitted in an interview that in two cases, she accepted money to provide fake documents. She said she helped deliver 600 babies in south Texas, many of them now being denied passports. Those birth certificates were issued by the state of Texas, with the midwife’s name listed under “birth attendant.”
“I know that they are suffering now, but it’s out of my control,” she said, speaking on the condition of anonymity because of the sensitivity of her admission.