Department considers the Rio Grande Valley to be a proving ground, and,
instead of deploying a pool of attorneys who regularly defend cases here, it
consistently sends new hires, as if for training.”568
-Lisa Brodyaga
American citizens living along the southern border of the U.S.—many of whom speak Spanish
and come from trans-border families—have, since at least the 1990s, increasingly struggled to
reconcile their daily lives with “racialized presumptions” ingrained in the country’s rapidly
centralizing administrative state.569 The presumptions in this case hold that there is mass
identity documentation fraud by parents in the Rio Grande Valley falsely claiming their
children were born in the United States.570 Extreme rhetoric by the Trump administration,
warning of a foreign “invasion”571 across the border, reflects a politically instrumentalized and
mendacious version of these long-held attitudes, now embedded in the bureaucracy of the
southern borderlands.572
In late August 2018, the Washington Post reported on a surge in passport revocations affecting
individuals of Mexican heritage born within the United States, but often outside of hospitals
with the assistance of local midwives.573 The State Department disputed the story, denied that
a policy change had occurred, and indicated that according to its information, passport
revocations in “midwife cases” were at a six-year low in 2018.574 Based on the Justice Initiative’s
subsequent review of cases filed in the Southern District of Texas, there has been a significant
increase in recourse to the courts in passport cases: 42 cases were initiated between mid-2014
and the end of 2016, while 69 cases were initiated between January 1, 2017 and May 31, 2019,
an increase of approximately 64.5%. Attorneys who have litigated passport cases in South
Texas for a decade or more stated that, in addition to increased court cases, there has emerged
an indifferent, even punitive attitude on the part of the government: “Sometimes it appears
they really don’t care if the person is a citizen or not.”575
Challenging passport revocations entails affirmative civil litigation in federal court (as
reviewed in the Technical Roadmap section below). There is no right to counsel in such cases,
and legal aid organizations are overwhelmed and not necessarily specialized in the complex
regulatory and legal frameworks under which claims must be constructed. The handful of
attorneys in South Texas with expertise in this field reported that, under the Trump administration, the Department of State and the Department of Justice have taken new approaches to
such cases. They note that:
• Lawyers from outside of the region and unfamiliar with the local context increasingly
appear on behalf of the government in passport cases.576
III. Denial and revocation of documentation of U.S. citizenship
125
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