Akron Law Review, Vol. 57 [2025], Iss. 1, Art. 2 64 AKRON LAW R EVIEW [57:49 confirm U.S. citizenship for individuals born in the United States who lack birth registration, but it is used at best infrequently for this purpose. Rather, case law suggests that state birth registration is seen as a prerequisite to a § 1503(a) petition. The same person can receive different treatment from the state and federal governments and within the federal government from various federal agencies, such as the Department of Homeland Security versus the Department of State. 85 For example, the Department of State refused to issue a U.S. passport to Angel Alcantar Lopez, stating that he had presented insufficient documentation of birth in the United States. 86 By that time, Mr. Lopez had obtained a delayed birth certificate showing his birth in Oregon, was registered to vote, and had an Oregon driver’s license—all demonstrating that the state of Oregon considered him a U.S. citizen. 87 Similarly, U.S. Citizenship and Immigration Services (a subagency of the federal Department of Homeland Security) approved a petition filed by Mr. Lopez to sponsor a relative for a family-based green card, indicating that that agency also considered Mr. Lopez to be a U.S. citizen. 88 Yet, the Department of State denied Mr. Lopez’s claim of U.S. citizenship before he filed a lawsuit seeking declaratory judgment. The facts underlying dozens of § 1503(a) cases show that records of birth in the United States are in practice necessary, but do not guarantee government recognition of, U.S. citizenship. 89 The next Part explores the consequences that individuals face when they lack birth registration. Brownsville, Texas. . . . On August 15, the couple registered Plaintiff’s birth in Madero, Mexico, recording that she had been born in that city.”). 85. Even validly-issued passports can be revoked on the grounds that a person was not, in fact a citizen. As stated by the U.S. Department of State Foreign Affairs Manual, a U.S. passport “identifies the bearer as a U.S. citizen . . . and thereby may facilitate the bearer receiving the benefits associated with U.S. citizenship.” U.S. S TATE DEP’T, 8 F OREIGN AFF. MANUAL, 101.1-1(g), Introduction to U.S. Passports (citation omitted) (last update June 28, 2022). But this carries a critical caveat: “An intact, full validity, unexpired passport is acceptable as proof of United States citizenship. . . when issued to a U.S. citizen . . .” Id. By this circular logic, a valid passport proves citizenship only when its bearer is a citizen, providing an escape hatch by which a government agency can argue that the person was not a citizen and that the validly-issued passport thus did not prove citizenship. 86. Lopez v. U.S. Dep’t of State, ex rel. Clinton, No. 3:11-CV-I069-AC, 2013 WL 121804, at *1 (D. Or. Jan. 9, 2013). 87. Id. at *5. 88. Id. at *6. 89. For example, Maria Magdalena Garcia sought a declaratory judgment of her U.S. citizenship, claiming birth in Santa Maria, Texas. Garcia v. Pompeo, No. 1:18-CV-59, 2019 WL 13164664, at *1 (S.D. Tex. Dec. 2, 2019). Her birth was initially recorded as taking place in Mexico, but she also obtained a delayed birth certificate showing birth in Texas. Id. at *2. Considering all the evidence, a federal court denied her request for declaratory judgment. Id. at *5. https://ideaexchange.uakron.edu/akronlawreview/vol57/iss1/2 16