infrastructure in the administration of birth registration (in stark contrast to the high modern
security state administering passports and immigration fraud prevention), and present a brief
analysis of constitutional rights infringements posed by the current system. The combined
effect leaves certain communities much more vulnerable than others to arbitrary and retroactive challenges to the legitimacy of their claims to U.S. citizenship. Once again, the uniform
introduction of centralized security and immigration controls, without regard to the local
variation and individual impact of these measures, leaves virtually no room for redress when
the system wrongfully excludes U.S. citizens who happen to fit hastily concocted, stereotype-driven profiles. These same dynamics may prevent the public and public institutions from
seeing those without a claim to citizenship as equally human and entitled to the full complement of human rights.
Yemeni-Americans
Mansour…is a twenty-two year old, naturalized Yemeni American who had
temporarily relocated to Yemen in order to get married. When he and his spouse had
their first baby in Yemen, they went to the U.S. embassy in Sana’a to register the
birth abroad. At their arrival, embassy officials detained them and began
interrogating him, yelling at him, and demanding that he admit that he had
concealed his real name. They then threatened to keep Mansour and his wife and
newborn in their custody until he agreed to sign a self-incriminating statement. With
his family in tears and terrified, officials finally confiscated Mansour’s U.S. passport
and expelled him and his family from the premises.528
Complaints regarding a pattern of passport confiscations at the U.S. embassy in Sana’a, Yemen,
reached the Department of State Office of Inspector General (DOS-OIG) in January 2016,
although by that point the confiscations had been going on for several years.529 Journalists
uncovered the story in early 2014, when Al Jazeera America published information from a State
Department whistleblower alleging, “Virtually all of the statements say that the individual
naturalized under a false identity” and yet those same statements “appear to be involuntary.”530
The incidents followed a similar pattern: American citizens would approach the embassy for
ordinary consular service,531 such as registration of a birth or marriage, or an application for or
renewal of a U.S. passport. The consular officer would then accuse the applicant or a family
member of fraudulently acquiring admission to the United States years or decades earlier,
often accompanied by threats and interrogation. Finally, the officer would confiscate and
retain passports of the individuals concerned.532
A report enclosed with the initial complaint to the DOS-OIG states that family members
seeking legal advice to assist their relatives in Yemen, now stranded in a conflict-torn country,
120
UNMAKING AMERICANS
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