III. DENIAL AND REVOCATION OF DOCUMENTATION
OF U.S. CITIZENSHIP
Introduction
Classifications distinguishing “aliens” from citizens are presumptively legitimate in the eyes of
U.S. law.485 As one scholar has argued, “In the exercise of its broad power over naturalization
and immigration, Congress regularly makes rules that would be unacceptable if applied to
citizens.”486 To administer these distinctions, the U.S., like other countries, deploys an increasingly elaborate regime of identity registration and documentation.487 Proof of American
citizenship—not quite citizenship itself, but the state’s official acknowledgement of it—distinguishes citizens from aliens. Over time, the consequences of a lack of accepted forms of
documentation have only mounted, as the documentary link to a central, federal state became
more important and benefits of American citizenship emerged in the public imagination as a
globally sought-after “prize.”488
This chapter looks in depth at proof of identity and citizenship, and specifically at access to
birth certificates and passports in the United States. Other scholars and commentators have
begun to explore the same topic.489 We conclude, echoing many other observers, that the
systems that generate and maintain the evidentiary building blocks of American citizenship
fail to work for everyone. In fact, a combination of institutional design and exceedingly narrow
114
UNMAKING AMERICANS
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