even when their births in the United States are officially registered. In 2015, legal aid and civil
rights organizations brought an action on behalf of citizen children who were denied birth
certificates by the Texas Department of State Health Services due to a policy regarding
acceptable forms of identification required of their parents.656 The parents or guardians of
affected children were citizens of Mexico who used highly secure identification issued by
Mexican authorities as proof of identity for the purposes of gaining birth certificates for their
children. The case settled in 2016, with the state agreeing to accept certain additional forms of
documentation issued by Mexico, El Salvador, Honduras, and Guatemala as proof of identity
in order to register and obtain birth certificates for U.S.-born children.657 Practitioners
consulted in the preparation of this report have confirmed that access to birth certificates for
border communities remains a fundamental challenge.658
Birth registration in the United States is not a requirement in order to obtain U.S. citizenship. If
a state’s identity and vital statistics infrastructure is susceptible to charges of unreliability or
allegations of pervasive fraud, it places vulnerable citizens at risk of arbitrary denationalization, as is readily apparent from the Dominican Republic example explored in the Comparative
Case Studies section of Chapter I. Another risk is that public narratives dislodged from factual
realities of state or national public administration can spur aggressive policies that do more
harm than good. For example, recent challenges to the validity of Texas voter rolls presented a
threat to communities (in this case, naturalized Americans) whose authenticity as U.S. citizens
is increasingly called into question. In January 2019, after an 11-month investigation, Texas
Secretary of State David Whitley forwarded lists totaling 100,000 names of alleged non-citizens listed on voter rolls to county election officials for verification.659 Almost immediately, the
program came under scrutiny when tens of thousands of those named were confirmed as U.S.
citizens. When a federal judge halted the effort one month later, he characterized the exercise
as “ham-handed,” and noted, “The challenge is how to ferret the infinitesimal needles out of
the haystack of 15 million Texas voters.”660
The secretary of state and other state defendants rescinded the effort in a settlement agreement with civil rights groups in April 2019.661 The judge’s description of the actual governance
task at hand reflects a reality that is too easily lost in public narratives where allegations of
massive voter and identity fraud abound. The potential to scale fraud-prevention measures
more rapidly than ever demands an equally sophisticated vigilance of the aims and needs of
local systems, and the exercise of restraint in the face of seductive new tools that promise an
easy solution to complex governance issues.
In a 2009 report by the National Research Council Committee on National Statistics, the
authors note the emerging role of vital statistics at the “front lines in national security efforts.”662
The December 2004 Intelligence Reform and Terrorism Protection Act set minimum standards to “secure birth certificates.”663 An intensified role for vital statistics data collection in
III. Denial and revocation of documentation of U.S. citizenship
147
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents