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the adoptees’ ability, later in life, to access the original birth certificate. 62
Adoptees’ rights advocates argue that preventing an adoptee from
accessing their original birth certificate and thus identifying their birth
parents is harmful. 63
This Article will not comprehensively explore these connections
between racial and other forms of discrimination and birth certificates.
Rather, it demonstrates the impact that individuals experience when they
are excluded from birth registration. Still, it is vital to note that, because
of discrimination, the impacts of non-registration disproportionately
affect racially minoritized and immigrant, rural, and low-income
communities.
3. Birth Registration and Processes to Establish U.S. Citizenship
Documents such as birth certificates and passports do not constitute
U.S. citizenship. For individuals born in the United States and under the
jurisdiction of the U.S. government, their birth in territory establishes their
citizenship, without further requirements. But in practice, access to
documentation is critical to access the benefits of citizenship. Efforts to
undermine claims to citizenship often target individuals’ access to
passports and birth certificates. The State Department revoked passports
from Yemeni-Americans while they were outside of the United States, 64
a practice which many argue violates the privileges and immunities
guaranteed to U.S. citizens by the Fourteenth Amendment. 65 Further
literature describes the challenges that Mexican-Americans often face to
their claims of U.S. citizenship, even when births are registered in the
United States. 66
Federal agencies and state officials both conduct individualized
assessments of the individual’s entitlement to U.S. citizenship. Federal
agencies assess a person’s citizenship in passport applications 67 and in
62. Id.
63. ADOPTEES UNITED, P OSITION S TATEMENTS, https://adopteesunited.org/positions/
[https://perma.cc/6Z67-XPRF] (last visited June 11, 2023).
64. Ramzi Kassem, Passport Revocation as Proxy Denaturalization: Examining the Yemen
Cases, 82 F ORDHAM L. R EV. 2099, 2110 (2014).
65. Id.; Patrick Weil, Citizenship, Passports, and the Legal Identity of Americans: Edward
Snowden and Others Have a Case in the Courts, 123 YALE L. J. F. 565, 567 (2014).
66. Elisa Carino, supra note 60; Lichtenberger, supra note 60, at 453; Gavriela M. BoginFarber, Birth Certificate Challenges for Children of Immigrants: Unintended Consequences of AntiImmigrant Restrictionism, 16 HARV. LATINO L. R EV. 169, 175–77 (2013).
67. 22 U.S.C. § 211(a) (1994) (authorizing the Secretary of State to issue passports). The
registrant has the burden of proving that he or she is entitled to U.S. citizenship. 22 C.F.R. § 51.40
(2007).
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