Born in U.S., failing to pass

Many Latino Americans along the Mexico border are unable to get passports; U.S. questions citizenship.

PHARR, TEXAS» On paper, he’s a devoted U.S. citizen.

His official American birth certificate shows he was delivered by a midwife in Brownsville, at the southern tip of Texas. He spent his life wearing American uniforms: three years as a private in the Army, then as a cadet in the Border Patrol, now as a state prison guard.

But when Juan, 40, applied to renew his U.S. 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 suddenly thrown into question. The Trump administration is accusing hundreds, and possibly thousands, of Latinos along the U.S.-Mexico border of using fraudulent birth certificates since they were babies, and it is undertaking a widespread crackdown on their citizenship.

In a statement, the State Department said 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 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 re-enter the United States. As the Trump administration attempts to reduce legal and illegal immigration, the government’s treatment of passport applicants in south Texas shows how U.S. citizens increasingly are 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 actually were 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 began during Barack Obama’s administration to deny passports to people who were delivered by midwives in Texas’s Rio Grande Valley. The use of midwives is a long-standing tradition in the region, in part because of the cost of hospital care.

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 Ameri- can Civil Liberties Union seemed like it had 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 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.”

“Individuals who are unable to demonstrate that they were born in the United States are denied issuance of a passport,” the statement said.

When Juan, the former soldier, 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 obscure 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 and expects to pay several thousand dollars in legal fees.

In a case in August 2017, a 35year-old Texas man with a U.S. passport was interrogated while crossing back into Texas from Mexico with his son at the McAllen-Hidalgo-Reynosa International Bridge, connecting Reynosa, Mexico, to McAllen, Texas.

His passport was taken from him, and Customs and Border Protection agents told him to admit that he was born in Mexico, according to documents later filed in federal court. He refused and was sent to the Los Fresnos Detention Center and entered into deportation proceedings.

He was released three days later, but the government scheduled a deportation hearing for him in 2019. His passport, which had been issued in 2008, was revoked.

Attorneys say these cases, where the government’s doubts about an official birth certificate lead to immigration detention, are increasingly common. “I’ve had probably 20 people who have been sent to the detention center — U.S. citizens,” said Jaime Diez, an attorney in Brownsville.

Diez represents dozens of U.S. citizens who were denied their passports or had their passports suddenly revoked. Among them are soldiers and Border Patrol agents. In some cases, Immigration and Customs Enforcement agents have arrived at his clients’ homes without notice and taken passports away.

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 U.S. government claiming they are not Americans and the prospect that immigration agents could follow up on their case.

It’s difficult to know where the crackdown fits into the Trump administration’s broader assaults on legal and illegal immigration. Over the past year, it has thrown legal permanent residents out of the military and formed a denaturalization task force that tries to identify people who might have lied on decadesold citizenship applications.

Now, the administration appears to be taking aim at a broad group of Americans along the stretch of the border where Trump promised to build his wall.