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Thread: Passports Denied: Mexican-Americans Can’t Travel

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    Senior Member Dragunov's Avatar
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    Default Passports Denied: Mexican-Americans Can’t Travel

    Passports Denied: Mexican-Americans Can't Travel

    New America Media, News feature, Roberto Lovato, Posted: Sep 22, 2008

    Editor’s note: Hundreds, perhaps thousands, of people of Mexican descent were subjected to unreasonable and arbitrary demands to prove that they are citizens of the United States before getting a passport. This includes Texas native, David Hernandez, a decorated Army veteran, reports NAM writer Roberto Lovato.

    Texas native David Hernandez, a decorated Army veteran who served his country in different parts of the world, can no longer see the world after his country denied him a passport.

    Hernandez and other residents living in and around the U.S.-Mexico border are plaintiffs in a class-action lawsuit alleging that, in denying them passports, the U.S. State Department is engaging in a new kind of racial discrimination: non-citizen profiling.

    "This all started when I sent them (the U.S. State Department) my passport and they sent me a letter saying that it wasn't sufficient. So, I sent them all kinds of documents -a baptismal certificate, military records, pictures of me in the pre-kindergarten, a copy of my grandmother's birth certificate that showed that she was an American citizen," he said, adding, "and that still wasn't enough. I knew something was wrong when they even started asking me for things like Census documents from the 1930's that don't even exist."

    Hernandez and the other plaintiffs say that the U.S. government is denying them passports because they are persons of Mexican and Latino descent whose births were assisted by parteras, or midwives. "The law says that if you're born in this country, have parents who are or who get naturalized, you are a citizen," said Hernandez his voice cracking with anger and frustration. "We were all born here. We're all citizens. The only difference is that we're Hispanic, we grew up poor and we happened not to be born in a hospital. My mother had to pay a partera $40 instead."

    Lawyers for Hernandez and the other plaintiffs say they have documented a systematic pattern of racial discrimination among hundreds, perhaps thousands of people of Mexican descent who, like him, applied for passports and were subjected to unreasonable and arbitrary demands for an inordinate and often impossible-to-find documents proving they are citizens of the United States.

    For Robin Goldfaden, an attorney with the American Civil Liberties Union (ACLU), which is co-counsel in the case along with other law firms, the passport suit "shows a spirit of disregard for birthright citizenship and a reckless disregard for the actual citizenship of an entire class of people."

    Goldfaden pointed out that although midwifery is a long-held tradition among whites, blacks and others living in Appalachia, Texas and other parts of the United States where hospital-assisted birth is unaffordable or unavailable, the denial of passports is only taking place among people of Mexican descent living along the southern border.

    "Some of the plaintiffs in this case were born in the 1930s and earlier, when, for example, half of all babies in Texas were delivered by midwives," said Goldfaden, who believes that the case raises concerns beyond those raised by Hernandez and other plaintiffs. "Anytime the government violates due process and the constitutional promise of equal protection as they did in this case, we should all be concerned."

    The passport case comes on the heels of intensified efforts to fundamentally alter the definition of who is and isn't a citizen. For several years, members of Congress and anti-immigrant groups in Texas and several other states have proposed state and federal laws denying birthright citizenship to the U.S. born children of undocumented immigrants. Some Texas residents like Father Mike Seiffert also trace such practices to the long history of denying citizenship to different categories of people in the United States.

    "I was born in Alabama" said Seiffert, who is pastor of the San Felipe de Jesus Catholic church in Brownsville, "and I've seen this kind of discrimination before; I've seen government officials trying to deny rights to people by not recognizing them as citizens, only here in Texas it's not African Americans, but Latinos."

    Seiffert became aware of the passport denial issue in his church. "After a couple of the members of my congregation came to me concerned and even crying because they were denied passports and would no longer be able to see their families in Mexico, I decided to ask the congregation if there were others facing similar situations," Seiffert said. "And 60 people came up and said they had the same passport problem."

    He called what happened to members of his congregation affected by the passports situation “disgraceful.” Behind the tears, he said are, "Many members of our congregation (who) won't be able to do what they've done for decades: cross the border to see their families; many won't be able to sustain themselves by doing business as they've always done in Mexico," he said. "There's no hospital around here and when you drive many miles to get healthcare, it's very expensive. So people will also be denied basic healthcare because they will no longer be able to go just across the border to get cheap medicine or see a doctor in Matamorros for $15. This is deeply disturbing and it reminds me of Alabama."

    And like in the deep South, the non-citizen profiling in Texas is also inspiring activism among many. "I grew up studying the history of civil rights, Martin Luther King and how he had to fight his own government," said Hernandez, " But I never thought I'd be fighting for my civil rights. Now I understand history in a different way."

    http://news.newamericamedia.org/news...4a104&from=rss

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    Loadmaster General Laworkerbee's Avatar
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    This isn't discrimination, I have an old buddy who wasn't born in a hospital and faced the same stupid problem.

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    Miss Convicted 2009 SBL's Avatar
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    Unreasonable and arbitrary? Give me a break.

    "This all started when I sent them (the U.S. State Department) my passport and they sent me a letter saying that it wasn't sufficient. So, I sent them all kinds of documents -a baptismal certificate, military records, pictures of me in the pre-kindergarten, a copy of my grandmother's birth certificate that showed that she was an American citizen," he said, adding, "and that still wasn't enough. I knew something was wrong when they even started asking me for things like Census documents from the 1930's that don't even exist."
    I thought he was applying for a passport in the first place? None of the subsequent documentation he provided proves citizenship status.Sorry amigo, but this is a sloppy piece.

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    I thought he was applying for a passport in the first place? None of the subsequent documentation he provided proves citizenship status.Sorry amigo, but this is a sloppy piece.
    This seems odd. Even if you are born at home, you still must register the birth with the authorities and get a birth certificate. So why didnt he just send them that? The Army would have been given a copy.

    If he gave them his birth certificate, and they still hassled him, then that is fair enough. But, sending them your baptisimal certificate - for a State Dept employee who just has to tick a number of boxes - is not going to help.

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    Dangerous Curves Ahead Hot Lips's Avatar
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    I don't take issue with profiling in general. As a nation we cry for authorities to do something about law breakers, but then try to tie their hands by crying foul when they try to get records straight and verify people are who they say they are because it's inconvenient when called upon to cooperate.

    If someone of xyz race driving an abc car is suspected of a crime... I'd fully expect to be stopped and questioned if I fit that description.

    Millions of people are here illegally, some legals are aiding them, including the use of false ID's. So if someones records are not up to snuff, I'd expect them to have to jump through a few hoops to help their country (the U.S.) address the problem.

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    Senior Member brainplay's Avatar
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    Tough break for the guy. Fact of the matter is that South Texas has this little problem with "illegal immigration" and "ID theft". Sometimes a bit of extra scrutiny gets used when something that doesn't fit into the checkmark boxes shows up. Profiling? Maybe, if you stretch the definition.

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    Muffin Bia's Avatar
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    Applying for a passport.... so he sent them his passport?



    Uhhh yeah :P

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    Yes, I'm a chick BearInBunnySuit's Avatar
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    Quote Originally Posted by Bia View Post
    Applying for a passport.... so he sent them his passport?



    Uhhh yeah :P
    I'm confused about that part of the story as well. If he had a passport, isn't it a renewal and that alone shouldn't be such a hassle.

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    Quote Originally Posted by Bia View Post
    Applying for a passport.... so he sent them his passport?



    Uhhh yeah :P
    Maybe it was the expired one.

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    Senior Member LaoSexMachine's Avatar
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    Discrimination my ass. No proper paperwork and the Uncle Sam fvcks you. No matter the race. Just keep crying wolf.
    Last edited by LaoSexMachine; 09-23-2008 at 10:26 PM.

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    Dangerous Curves Ahead Hot Lips's Avatar
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    The renewal process does include attaching the form to your existing passport.

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    Dangerous Curves Ahead Hot Lips's Avatar
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    Quote Originally Posted by Dragunov View Post
    "This all started when I sent them (the U.S. State Department) my passport and they sent me a letter saying that it wasn't sufficient. So, I sent them all kinds of documents -a baptismal certificate, military records, pictures of me in the pre-kindergarten, a copy of my grandmother's birth certificate that showed that she was an American citizen," he said, adding, "and that still wasn't enough. I knew something was wrong when they even started asking me for things like Census documents from the 1930's that don't even exist."
    Granted, the article probably isn't all inclusive, but here is what is says under FAQ on the Passport site

    What do I do if there is no birth record on file for me?
    If you were born in the U.S. and there is no birth record on file, you will need several different documents to substantiate your citizenship. You will need:
    A letter from the Vital Statistics office of the state of your birth with your name and what years were searched for your birth record. An official of the Vital Statistics office needs to issue a letter of no record found.
    In addition, you will need early public records to prove your birth in the U.S.
    Does a baptism certificate prove birth in the US? Does providing someone else's birth certificate prove you are their grandchild? Is a photo fo you in pre-kindergarten proof of birth in the US?

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    domesticated wildcat's Avatar
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    Quote Originally Posted by Ezekiel25:17 View Post
    Discrimination my ass. No proper paperwork and the Uncle Sam gvcks you. No matter the race. Just keep crying wolf.
    X2.......just trying to cheat the system

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    Dangerous Curves Ahead Hot Lips's Avatar
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    I also read that fradulant birth certificates and other documents are a known problem in the region and that at least 75 south Texas midwives have been convicted of fraud since the 1960's according to the state department.

    If you know that documents in a particular region are more likely to be fraudulant it only makes sense to give details a closer look.

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    Senior Member brainplay's Avatar
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    Quote Originally Posted by Hot Lips View Post
    I also read that fradulant birth certificates and other documents are a known problem in the region and that at least 75 south Texas midwives have been convicted of fraud since the 1960's according to the state department.

    If you know that documents in a particular region are more likely to be fraudulant it only makes sense to give details a closer look.
    They busted some people in a flea market for this kind of stuff 2 years back (yes I know, a damn flea market). Its pretty common and there are alot of guys with SSN's or green cards which are bullcrap but somehow pass muster. I once knew some illegals that thought they were sooo covered by this stuff. They would whip out there social security cards and brag about it. But the numbers the business ran showed them as clean even though they flat out that they were illegals.

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