Fisher: Citizenship, Federalism, and Delayed Birth Registration 2024] C ITIZENSHIP, F EDERALISM, AND DELAYED BIRTH R EGISTRATION 63 necessary to obtain recognition of citizenship from a federal agency, as § 1503(a) does not require a birth certificate, 80 but in practice federal agencies and processes rely on state birth registration. Overwhelmingly, individuals present a late-issued birth certificate as one piece of evidence to support an application for a U.S. passport or in a suit for declaratory judgment. 81 Generally, petitions for declaratory judgment are brought not by individuals who lack birth registration, but by individuals whose births were registered in the United States and another country (usually in Mexico). 82 Mexican-American families commonly registered births in both Mexico and the United States for convenience for MexicanAmerican families to ensure that the children would qualify for services in Mexico. 83 In a review of 150 decisions under § 1503(a) spanning five years, not a single person filed a petition for declaratory judgment—let alone was issued a declaratory judgment of U.S. citizenship—without a record of birth issued by a U.S. state. 84 Perhaps § 1503(a) could also be a vehicle to such person may institute an action . . . against the head of such department or independent agency for a judgment declaring him to be a national of the United States.”); Cobos v. Kerry, No. CIV.A. H13-02897, 2015 WL 3965660, at *6 (S.D. Tex. June 30, 2015) (“8 U.S.C. § 1503(a) allows any person denied a right or privilege because she is not a United States national to file a declaratory judgment action for a de novo determination of citizenship.” (citation omitted)). 80. 8 U.S.C. § 1503(a) (1996). 81. See, e.g., De La Cruz, 2012 WL 1941373, at *4 (denying a passport application to an individual with a Texas birth certificate issued through delayed birth registration). 82. See, e.g., Moreno-Gonzales v. Tillerson, No. EP-15-CV-00312-ATB, 2018 WL 882393, at *1 (W.D. Tex. Feb. 14, 2018); Garcia v. Clinton, 915 F. Supp. 2d 831, 834 (S.D. Tex. 2012), aff’d sub nom; Candela-Rios v. Sessions, No. CVSA16MC00220JWP, 2017 WL 8131999, at *1 (W.D. Tex. Mar. 2, 2017), aff’d, 737 F. App’x 187 (5th Cir. 2018); De La Cruz v. Clinton, No. A-11-CV675-AWA, 2012 WL 1941373, at *4 (W.D. Texas May 29, 2012) (each challenging an individual’s citizenship based on conflicting evidence of birth in Mexico); but see Patel v. Rice, 403 F. Supp. 2d 560, 561 (N.D. Tex. 2005), aff’d, 224 F. App’x 414 (5th Cir. 2007) (denying a U.S. passport to an individual born to parents who were born in India). 83. See Picasso v. Pompeo, No. 1:17-CV-00171, 2019 WL 13193245, at *1 (S.D. Tex. Sept. 11, 2019) (“Plaintiffs parents and Midwife Pineda registered Plaintiffs birth in Hidalgo County, Texas. . . . Plaintiff’s parents lived in Reynosa and obtained a false Mexican birth certificate for Plaintiff to qualify for the free educational and medical benefits guaranteed all Mexican citizens.”). 84. See, e.g., Angelino v. N.Y.C Dept. of Health, No. 156470/2019, 2019 WL 4575695 (N.Y. Sup. Ct. Sept. 17, 2019); In re. Tucker v. N.Y.C. Dep’t of Health, 785 N.Y.S.2d 862 (2004); Evans v. Bureau of Vital Stat., 212 A.D.3d 613 (2023); Peterson v. L.A. Dep’t of Health and Hospitals, 2008 WL 5022993 (La.Dist.Ct.); Matter of Harris, No. 1195 C.D. 2021, 2023 WL 2643194 (Pa. Commw. Ct. Mar. 27, 2023); La. ex rel. Dupas v. New Orleans, 125 So. 2d 375 (La. 1960) (each concerning a person seeking a court order for the registration of birth in the United States). But see Eusiquio v. Or. ex rel. Dep’t of Hum. Servs., for Health Stat., 259 P.3d 917, 918 (Or. Ct. App. 2011) (seeking a court order to register a birth “in a migrant camp”). See also Villafranca v. Blinken, No. 1:19-CV-173, 2022 WL 1210762, at *2 (S.D. Tex. Apr. 25, 2022) (“the midwife registered Plaintiff’s birth with the Texas Department of State Health Services, reporting her birth as having taken place on July 30 in Published by IdeaExchange@UAkron, 2025 15