Trump declares national emergency on southern border in bid
to build wall, The Washington Post (Feb. 15, 2019), https://
www.washingtonpost.com/politics/trumps-border-emergency-the-president-plans-a-10-am-announcement-inthe-rose-garden/2019/02/15/f0310e62-3110-11e9-86ab5d02109aeb01_story.html?utm_term=.192355096079.
572. Id.
573. Id.
574. See State Department Statement (the 2018 numbers
were, of course, not comprehensive for the entire year in
August 2018). Roque Planas, Bombshell Washington Post
Story on Trump Passport Crackdown Withheld, Distorted Key
Facts, Huff Post (Sept. 17, 2018), https://www.huffpost.
com/entry/washington-post-trump-passport-crackdown_n_5b9ec246e4b046313fbc2bd1.
575. Lorenzo Zazueta-Castro, State Department: Passport
denials at 6-year low, The Monitor (Sept. 1, 2018), https://
www.themonitor.com/2018/09/01/state-departmentpassport-denials-at-6-year-low-2/.
576. Interview with Jaime Diez, January 2019. Interview
notes on file with the Open Society Justice Initiative.
Elizabeth Brodyaga, Mexican-Americans and the Southern
Border: So You Think You Were Born Here? Prove It!!, 17-06
Immigr. Briefings 1 (June 2017).
577. Zazueta-Castro, supra note 575.
578. See, e.g., Elizabeth Brodyaga, Mexican-Americans and
the Southern Border: So You Think You Were Born Here?
Prove It!!, 17-06 Immigr. Briefings 1 (June 2017) (“Both
initial passport applications and applications to renew
passports often required two or three sets of requests for
information and/or documents, and even then, were
sometimes denied.”).
579. Rachel E. Rosenbloom, From the outside Looking in:
U.S. Passports in the Borderlands, in Benjamin N. Lawrance
and Jacqueline Stevens, eds., Citizenship in Question:
Evidentiary Birthright and Statelessness 143 (2016) (citing
Avon (2011) for the proposition that Americans “are far
less likely to acquire passports than citizens of Canada or
many European countries”).
580. In 2005, in the wake of the September 11, 2001,
terror attacks, Congress passed the REAL ID Act, which
directs DHS to establish federal standards for identification credentials, including REAL ID compliant driver’s
licenses. Pub. L. No. 109-13, 119 Stat. 231, 302. The Act and
DHS’s final implementing regulations have met with
criticism from a variety of stakeholders, including many
U.S. states, citing, for example, the high costs of implementing the scheme. See DHS-OIG, Potentially High Costs
and Insufficient Grant Funds Pose a Challenge to REAL ID
Implementation, OIG-09-36 (March 2009), https://www.
oig.dhs.gov/assets/Mgmt/OIG_09-36_Mar09.pdf. Civil
liberties and digital rights groups have warned that the
statute “creates a de facto national ID card” in the United
Endnotes
States, by linking together a network of state DMV
databases. Geoffrey D. Kravitz, REAL ID: The Devil You
Don’t Know, 3 Harv. L. & Pol’y Rev. 431, 431 (2009);
American Civil Liberties Union, Issues: REAL ID, https://
www.aclu.org/issues/privacy-technology/national-id/
real-id. On April 4, 2019, the Transportation Security
Administration (TSA, a DHS component), issued a press
release “reminding” the public that beginning on October
1, 2020 “every traveler must present a REAL ID-compliant
driver’s license, or another acceptable form of identification, to fly within the United States.” TSA, TSA reminds
travelers of REAL ID identification requirements (Apr. 4,
2019), https://www.tsa.gov/news/releases/2019/04/04/
tsa-reminds-travelers-real-id-identification-requirements.
In July 2019, researchers at Georgetown Law School’s
Center on Privacy and Technology revealed records
demonstrating extensive surveillance employing facial
recognition technology to scour state DMV databases for
law enforcement investigations, including immigration
enforcement investigations led by ICE accessing data in
states that issue licenses to undocumented residents. See
Drew Harwell, FBI, ICE find state driver’s license photos are
a gold mine for facial-recognition searches, Washington Post
(July 7, 2019), https://www.washingtonpost.com/
technology/2019/07/07/
fbi-ice-find-state-drivers-license-photos-are-gold-minefacial-recognition-searches/?utm_term=.79dc9a9797cd.
581. Zazueta-Castro, supra note 575.
582. See, e.g., Elizabeth Brodyaga, Mexican-Americans and
the Southern Border: So You Think You Were Born Here?
Prove It!!, 17-06 Immigr. Briefings 1 (June 2017).
583. Rachel E. Rosenbloom, From the outside Looking in:
U.S. Passports in the Borderlands, in Benjamin N. Lawrance
and Jacqueline Stevens, eds., Citizenship in Question:
Evidentiary Birthright and Statelessness 134 (2016);
Elizabeth Brodyaga, Mexican-Americans and the Southern
Border: So You Think You Were Born Here? Prove It!!, 17-06
Immigr. Briefings 1 (June 2017).
584. See, e.g., Elizabeth Brodyaga, Mexican-Americans and
the Southern Border: So You Think You Were Born Here?
Prove It!!, 17-06 Immigr. Briefings 1 (June 2017); Castelano
et al. v. Clinton, 2d Amend. Compl., U.S. Dist. Ct. S.D. Tex.,
08-cv-57.
585. See id.
586. See Yemeni-Americans.
587. Information on file with Open Society Justice
Initiative.
588. Interview with Jaime Diez, January 2019. Interview
notes on file with the Open Society Justice Initiative.
589. See, e.g., Rosenbloom, Borderlands in Citizenship in
Question 135 (2014); Elizabeth Brodyaga, Mexican-Americans and the Southern Border: So You Think You Were Born
Here? Prove It!!, 17-06 Immigr. Briefings 1 (June 2017).
187
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