Friday, August 31, 2018

Denials of passports to American Latinos

It's just getting worse and worse. It's not going to stop as long as Trump is in office. And reversing so much is going to be a struggle.
When Juan, the former soldier, received a letter from the State Department telling him it wasn’t convinced that he was a U.S. citizen, it requested a range of obscure documents — evidence of his mother’s prenatal care, his baptismal certificate, rental agreements from when he was a baby.

He managed to find some of those documents but weeks later received another denial. In a letter, the government said the information “did not establish your birth in the United States.”

“I thought to myself, you know, I’m going to have to seek legal help,” said Juan, who earns $13 an hour as a prison guard and expects to pay several thousand dollars in legal fees.

[...]

Juan is one of a growing number of people whose official birth records show they were born in the United States but who are now being denied passports — their citizenship suddenly thrown into question. The Trump administration is accusing hundreds, and possibly thousands, of Hispanics along the border of using fraudulent birth certificates since they were babies, and it is undertaking a widespread crackdown.

In a statement, the State Department said that it “has not changed policy or practice regarding the adjudication of passport applications,” adding that “the U.S.-Mexico border region happens to be an area of the country where there has been a significant incidence of citizenship fraud.”

But cases identified by The Washington Post and interviews with immigration attorneys suggest a dramatic shift in both passport issuance and immigration enforcement.

In some cases, passport applicants with official U.S. birth certificates are being jailed in immigration detention centers and entered into deportation proceedings. In others, they are stuck in Mexico, their passports suddenly revoked when they tried to reenter the United States.

[...]

For now, passport applicants who are able to afford the legal costs are suing the federal government over their passport denials. Typically, the applicants eventually win those cases, after government attorneys raise a series of sometimes bizarre questions about their birth.

“For a while, we had attorneys asking the same question: ‘Do you remember when you were born?’ ” Diez said. “I had to promise my clients that it wasn’t a trick question.”

[...]

The government alleges that from the 1950s through the 1990s, some midwives and physicians along the Texas-Mexico border provided U.S. birth certificates to babies who were actually born in Mexico. In a series of federal court cases in the 1990s, several birth attendants admitted to providing fraudulent documents.

Based on those suspicions, the State Department during the George W. Bush and Barack Obama administrations denied passports to people who were delivered by midwives in Texas’s Rio Grande Valley.

[...]

A 2009 government settlement in a case litigated by the American Civil Liberties Union seemed to have mostly put an end to the passport denials.

[...]

But under President Trump, the passport denials and revocations appear to be surging, becoming part of a broader interrogation into the citizenship of people who have lived, voted and worked in the United States for their entire lives.

“We’re seeing these kind of cases skyrocketing,” said Jennifer Correro, an attorney in Houston who is defending dozens of people who have been denied passports.

[...]

The denials are happening at a time when Trump has been lobbying for stricter federal voter identification rules, which would presumably affect the same people who are now being denied passports — almost all of them Hispanic, living in a heavily Democratic sliver of Texas.

“That’s where it gets scary,” Diez said.

  WaPo



UPDATE:

Speaking of seizure of property...

In recent months, Bank of America has been accused of freezing or threatening to freeze customers’ accounts after asking about their legal status in the U.S.. In July, the Washington Post reported that multiple customers had been locked out of their accounts after Bank of America questioned whether the account holders were U.S. citizens or dual citizens.

[...]

Proof of citizenship is not required to open a bank account in the U.S., according to Stephanie Collins, a spokesperson for the Office of the Comptroller of the Currency, the federal agency that supervises branch banking. Banks are merely required to identify and report suspicious transactions and maintain and update customer information, she said. Banks have not received any new instructions to collect more information about customers.

[...]

Molina, the Bank of America spokesperson, said the new customer complaints may simply be a response to heightened sensitivities to the debate over immigration in the U.S.

  Sacramento Bee
Sounds nefarious to me.
Dan Hernandez, a Broward County native of Cuban heritage now working as a TV writer in Los Angeles, said he had his business account suspended by Bank of America in December 2016. When he asked why, he was told he was under suspicion of doing business with Cuba. His corporation was called Cuban Missile Inc.—”Cuban Missile” has been his nickname since childhood.

[...]

“I knew I didn’t do anything wrong, but it puts doubt in your mind. A bank can crush your life for arbitrary reasons and never tell you why.”
Yeah, well, I guess with a name like Bank of America, you have to live up to the name.

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