Border Patrol agent believes otherwise.” Polly Price, Stateless in the United States: Current Reality and Future Prediction, 46 Vand. J. Transnat’l L. 443, 468 (2013). 632. In 2018, the Ninth Circuit Court of Appeals, in Olivas v. Salazar, held that the burden-shifting framework used in removal proceedings when the government offers evidence of foreign birth applies in all alienage cases, including declaratory judgment actions. Olivas v. Salazar, 743 F. App’x 890, 890 (2018) (citing the framework applied in Mondaca-Vega v. Lynch, 808 F.3d 413, 419 (9th Cir. 2015). 633. Anthony D. Bianco, Michael A. Celone & Sherease Pratt, Defending Agency Immigration Fraud Adjudications, in 65 U.S. Attorneys’ Bulletin (July 2017), at 88, https://www. justice.gov/usao/page/file/984701/download; 5 U.S.C. § 702. 634. Elizabeth Brodyega, Mexican-Americans and the Southern Border: So You Think You Were Born Here? Prove It!!, 17-06 Immigr. Briefings 1 (June 2017), n. 46. such an action must independently review the evidence supporting the Plaintiff ’s claim of citizenship and is limited to declaring whether the individual has demonstrated citizenship by a preponderance of the evidence. The Court does not look at what the agency did leading up to the litigation. A § 1503(a) proceeding thus does not examine the policies, procedures, or practices used to adjudicate a passport application or determine whether the use of those policies, procedures, or practices violates the Constitution and federal law.”) 642. 7 U.S.C. § 701. 643. Elizabeth Brodyega, Mexican-Americans and the Southern Border: So You Think You Were Born Here? Prove It!!, 17-06 Immigr. Briefings 1 (June 2017) (citing Rusk v. Cort “a declaratory judgment is available as a remedy to secure a determination of citizenship”). 635. 5 U.S.C. § 704. 644. Castelano et al. v. Clinton, Opp. to Def. Mot. to Dismiss, U.S. Dist. Ct. S.D. Tex., 08-cv-57, Doc. 45 (Nov. 4, 2008), at p. 14-16. 636. National Lawyers Guild, U.S. Citizenship and Naturalization Handbook (2018-19), § 10:21 (citing Bensky v. Powell, 391 F.3d 894, 898 (7th Cir. 2004)). 645. Elizabeth Brodyega, Mexican-Americans and the Southern Border: So You Think You Were Born Here? Prove It!!, 17-06 Immigr. Briefings 1 (June 2017). 637. Chacoty v. Tillerson, 285 F.Supp.3d 293 (D.D.C. 2018). 646. Fund for Animals, Inc. v. Rice, 85 F.3d 535, 541 (11th Cir. 1996); 5 U.S.C. § 702, 704. 638. Rusk v. Cort, 369 U.S. 367, 375 (1962), abrogated on other grounds by Califano v. Sanders, 430 U.S. 99 (1977). 639. Brief of Petitioner-Appellants, Hinojosa et al. v. Horn et al., Nos. 17-40077 & 17-40134 (5th Cir.). There are other reasons why clarity on the application of Rusk v. Cort is needed from the Supreme Court, which are beyond the scope of the present analysis. See, e.g., Coming to United States to claim citizenship, U.S. Citizenship and Naturalization Handbook § 10:27 (“However, the clarity of this holding was undercut by an unrelated development regarding the APA, when the Supreme Court found the APA to be a waiver of sovereign immunity, but not itself a grant of jurisdiction [Califano v. Sanders, 430 U.S. 99, 105 (1977)]. As such, some courts have suggested that the validity of Rusk may be in doubt,12 though the existence of other jurisdictional vehicles such as 28 U.S.C.A. § 1331 [federal question jurisdiction] would seem to afford an individual a separate means to bring suit.”). 640. See, e.g., Chacoty v. Tillerson, 285 F.Supp.3d 293, 303 (D.D.C. 2018) (“[A]lthough the [State] Department has identified factul distinctions between Cort and this case, neither distinction makes a difference.”). The plaintiffs in Hinojosa have petitioned the Supreme Court to hear their case on this issue. The cert. petition had not been decided at the time of writing. 641. See Castelano et al. v. Clinton, Opp. to Def. Mot. to Dismiss, U.S. Dist. Ct. S.D. Tex., 08-cv-57, Doc. 45 (Nov. 4, 2008) (“As the plain text of the statute makes clear, a declaratory judgment brought pursuant to § 1503(a) can result only in a declaration of citizenship. The Court in 190 647. 5 U.S.C. § 706(2)(A). 648. Camp v. Pitts, 411 U.S. 138, 142 (1973) (per curiam). 649. Elizabeth Brodyega, Mexican-Americans and the Southern Border: So You Think You Were Born Here? Prove It!!, 17-06 Immigr. Briefings 1 (June 2017) (also noting exceptions to “no discovery” rule with significant showing that material in agency possession would show bad faith or incomplete record). 650. Elizabeth Brodyega, Mexican-Americans and the Southern Border: So You Think You Were Born Here? Prove It!!, 17-06 Immigr. Briefings 1 (June 2017). 651. National Research Council of the National Academies, Committee on National Statistics, Vital Statistics: Summary of a Workshop, Michael J. Siri and Daniel L. Cork, rapporteurs (2009), https://www.nap.edu/catalog/12714/ vital-statistics-summary-of-a-workshop (“In the United States, all vital events are local.”). 652. Id. 653. UNICEF’s global statistics state that in the United States birth registration for children under five (the global indicator for measuring birth registration coverage) is 100%. 654. Brennan Center for Justice, Citizens without Proof: A Survey of Americans’ Possession of Documentary Proof of Citizenship and Photo Identification (Nov. 2006), https:// www.brennancenter.org/analysis/citizens-without-proof. UNMAKING AMERICANS