Denial and revocation of documentation of U.S. citizenship
It is not possible to state conclusively that the number of passport denials and revocations has
increased in recent years. However, a quantitative analysis of judicial actions in the Southern
District of Texas revealed an increase of approximately 64.5% in the number of cases seeking
to confirm citizenship in relation to passport revocations or denials filed since the beginning of
2017, over the same period immediately prior to this date. Both qualitative and quantitative
information gathered for this report suggest that the government has also shifted its approach
to defending cases that are reaching courts in South Texas. The principal difference is that the
Department of Justice (which represents the government in defending passport cases) is
currently defending all cases—regardless of the merits—rather than settling some. This
approach requires time and resources, yet consistently results in a finding that the individual is
in fact a citizen. The government’s approach is more centralized today than under previous
administrations, with attorneys defending passport cases who have never been to the Rio
Grande Valley and do not understand the local culture, including how common trans-border
lives and families are and how important passports are to the local economy. The outcome is
an unbending, uninformed approach that results in undue hardships for those targeted. By
limiting Americans’ free movement in this way, arbitrarily and without sufficient understanding of the context or evidence in individual cases, the U.S. government violates constitutional
rights and sends a stigmatizing message about who is a “real” American.
This report tackles government policies and practices, many of which are purportedly
intended to combat fraud. Fraud prevention may be a noble aim, but it is not a blank check to
torment and seek to banish unwanted citizens. Based primarily on research in communities
that face the brunt of suspected non-citizenship, in Texas’s Rio Grande Valley, and empirical
analysis of cases filed in the Southern District of Texas (detailed in the Description of Research
section, below), the report records several significant findings.
The odds are massively stacked against anyone whose citizenship comes under question by the
Department of State, the agency responsible for issuing U.S. passports. This is especially
evident when the affected individual is abroad, attempting to return to the United States.
Citizens in such circumstances must seek permission to enter the U.S. as noncitizens, subjecting themselves to the full force of the immigration system, including detention and possible
criminal immigration penalties. Even citizens who are in the U.S. when their passports are
denied or revoked face unjustified hurdles, including the lack of a right to counsel, in challenging the agency’s decision.
The Department of State (DOS) retains undue discretion in determining when to revoke or
deny passports. That discretion has led to a woeful lack of coordination and documentation of
how policies are developed and deployed, at home and abroad, as a 2016 investigation of
passport denials in Yemen underscored. The recommendations made by the DOS Office of the
Inspector General (OIG) in that investigation are incorporated below.
12
UNMAKING AMERICANS
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