Trump declares national emergency on southern border in bid to build wall, The Washington Post (Feb. 15, 2019), https:// www.washingtonpost.com/politics/trumps-border-emergency-the-president-plans-a-10-am-announcement-inthe-rose-garden/2019/02/15/f0310e62-3110-11e9-86ab5d02109aeb01_story.html?utm_term=.192355096079. 572. Id. 573. Id. 574. See State Department Statement (the 2018 numbers were, of course, not comprehensive for the entire year in August 2018). Roque Planas, Bombshell Washington Post Story on Trump Passport Crackdown Withheld, Distorted Key Facts, Huff Post (Sept. 17, 2018), https://www.huffpost. com/entry/washington-post-trump-passport-crackdown_n_5b9ec246e4b046313fbc2bd1. 575. Lorenzo Zazueta-Castro, State Department: Passport denials at 6-year low, The Monitor (Sept. 1, 2018), https:// www.themonitor.com/2018/09/01/state-departmentpassport-denials-at-6-year-low-2/. 576. Interview with Jaime Diez, January 2019. Interview notes on file with the Open Society Justice Initiative. Elizabeth Brodyaga, Mexican-Americans and the Southern Border: So You Think You Were Born Here? Prove It!!, 17-06 Immigr. Briefings 1 (June 2017). 577. Zazueta-Castro, supra note 575. 578. See, e.g., Elizabeth Brodyaga, Mexican-Americans and the Southern Border: So You Think You Were Born Here? Prove It!!, 17-06 Immigr. Briefings 1 (June 2017) (“Both initial passport applications and applications to renew passports often required two or three sets of requests for information and/or documents, and even then, were sometimes denied.”). 579. Rachel E. Rosenbloom, From the outside Looking in: U.S. Passports in the Borderlands, in Benjamin N. Lawrance and Jacqueline Stevens, eds., Citizenship in Question: Evidentiary Birthright and Statelessness 143 (2016) (citing Avon (2011) for the proposition that Americans “are far less likely to acquire passports than citizens of Canada or many European countries”). 580. In 2005, in the wake of the September 11, 2001, terror attacks, Congress passed the REAL ID Act, which directs DHS to establish federal standards for identification credentials, including REAL ID compliant driver’s licenses. Pub. L. No. 109-13, 119 Stat. 231, 302. The Act and DHS’s final implementing regulations have met with criticism from a variety of stakeholders, including many U.S. states, citing, for example, the high costs of implementing the scheme. See DHS-OIG, Potentially High Costs and Insufficient Grant Funds Pose a Challenge to REAL ID Implementation, OIG-09-36 (March 2009), https://www. oig.dhs.gov/assets/Mgmt/OIG_09-36_Mar09.pdf. Civil liberties and digital rights groups have warned that the statute “creates a de facto national ID card” in the United Endnotes States, by linking together a network of state DMV databases. Geoffrey D. Kravitz, REAL ID: The Devil You Don’t Know, 3 Harv. L. & Pol’y Rev. 431, 431 (2009); American Civil Liberties Union, Issues: REAL ID, https:// www.aclu.org/issues/privacy-technology/national-id/ real-id. On April 4, 2019, the Transportation Security Administration (TSA, a DHS component), issued a press release “reminding” the public that beginning on October 1, 2020 “every traveler must present a REAL ID-compliant driver’s license, or another acceptable form of identification, to fly within the United States.” TSA, TSA reminds travelers of REAL ID identification requirements (Apr. 4, 2019), https://www.tsa.gov/news/releases/2019/04/04/ tsa-reminds-travelers-real-id-identification-requirements. In July 2019, researchers at Georgetown Law School’s Center on Privacy and Technology revealed records demonstrating extensive surveillance employing facial recognition technology to scour state DMV databases for law enforcement investigations, including immigration enforcement investigations led by ICE accessing data in states that issue licenses to undocumented residents. See Drew Harwell, FBI, ICE find state driver’s license photos are a gold mine for facial-recognition searches, Washington Post (July 7, 2019), https://www.washingtonpost.com/ technology/2019/07/07/ fbi-ice-find-state-drivers-license-photos-are-gold-minefacial-recognition-searches/?utm_term=.79dc9a9797cd. 581. Zazueta-Castro, supra note 575. 582. See, e.g., Elizabeth Brodyaga, Mexican-Americans and the Southern Border: So You Think You Were Born Here? Prove It!!, 17-06 Immigr. Briefings 1 (June 2017). 583. Rachel E. Rosenbloom, From the outside Looking in: U.S. Passports in the Borderlands, in Benjamin N. Lawrance and Jacqueline Stevens, eds., Citizenship in Question: Evidentiary Birthright and Statelessness 134 (2016); Elizabeth Brodyaga, Mexican-Americans and the Southern Border: So You Think You Were Born Here? Prove It!!, 17-06 Immigr. Briefings 1 (June 2017). 584. See, e.g., Elizabeth Brodyaga, Mexican-Americans and the Southern Border: So You Think You Were Born Here? Prove It!!, 17-06 Immigr. Briefings 1 (June 2017); Castelano et al. v. Clinton, 2d Amend. Compl., U.S. Dist. Ct. S.D. Tex., 08-cv-57. 585. See id. 586. See Yemeni-Americans. 587. Information on file with Open Society Justice Initiative. 588. Interview with Jaime Diez, January 2019. Interview notes on file with the Open Society Justice Initiative. 589. See, e.g., Rosenbloom, Borderlands in Citizenship in Question 135 (2014); Elizabeth Brodyaga, Mexican-Americans and the Southern Border: So You Think You Were Born Here? Prove It!!, 17-06 Immigr. Briefings 1 (June 2017). 187

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