Archive for the ‘citizenship’ Category

ZILLAMOD -This is the god’s to honest truth. At the end of the day – it’s not a partisan matter. It’s a family matter. You use whatever you have to protect your family from harm. I am the same. This is my story as well.

This is a repost by Linda Vega.

Being an American citizen is one of the most powerful manifestations of our constitutional tradition as a nation and as a government. These constitutional rights and obligations reserved strictly for citizens have made man want to die to protect our nation, because they know that as citizens they have unalienable rights. However, the Department of Homeland Security under the Obama Administration is now stripping American citizens of their citizenship. More importantly, these attacks on a population where American citizens are being denied their constitutional rights are mainly aimed at a group: elder Latino Texans who were too poor to go to a county hospital and opted, instead, to use a midwife because there was no hospital in the poor rural areas of Texas. As a result, the Obama Administration is now incarcerating and stripping some seniors of their citizenship because they are unable to “properly” prove their birth occurred on U.S. soil.

According to immigration attorney Jaime Diez, along the Rio Grande River in Texas, there are cases where Elderly Latinos have to relinquish their U.S. Citizenship because they cannot provide enough evidence to substantiate their birth on U.S. soil by either a hospital or a credible midwife.

Prior to 2009, a few cases of maybe 20-30 would arise where elderly Latinos had to produce evidence of their U.S. Citizenship. Usually a baptismal record or a birth certificate would suffice to prove their U.S. citizenship birth. However, under the Western Hemisphere Travel Initiative, (“WHTI”), which came into full force and effect on June 1, 2009, changes implemented under this new law, have caused overzealous U.S. agents and officers to litigate case after case that seeks to strip U.S. Citizenship from Latinos that now number over 1000.

With only limited exceptions, WHTI makes it illegal for U.S. citizens to “depart from or enter the United States” without a valid U.S. passport. 8 U.S.C. §1185(b); 22 C.F.R. §53.1(a). While this may be a necessary application of law, for a group of people who did not have the conveniences of modern day hospitals or record keeping when they were born, it has become a nightmare and a loss of identity.

Long before there was a dispute regarding the demarcated boundary that separates the U.S. and Mexico, descendants of Mexicans lived along the border on the U.S. side for years without fear of having to leave their country of choice. When Texas became the 28th state under the Presidency of Polk in 1845, those who lived along the border were annexed into the U.S.

Additionally, when the two countries were unwilling to reach a compromise as to where the boundary would be set, the Mexican-American war broke out on April 25, 1846. The result of that war fixed the southern boundary between the two countries at the Rio Grande River. For generations, the people living along the Rio Grande River into Mexico where their relatives were left in their undisturbed Mexican residency and those in the U.S. were granted U.S. Citizenship. It was a matter of convenience and understanding that those U.S. Citizens who were instantly acquiesced into the U.S. territory had travel privileges back and forth between the two countries. In the years that followed, children were born through midwives and clinics who would record the births as credible state records. In 1925, more than 50 percent of babies born in Texas were delivered by midwives. However, by 2004, the number had dropped to 6.6%. Much of the change was brought about because as rural areas integrated more clinics into the area, many along the border were receiving more prenatal care and healthcare during births.

The earliest known hospital in the valley was in Harlingen, Valley Baptist medical Center, founded in 1925. Surrounded by rural areas and colonias, the hospital is at least a 25 mile distance to these areas. At present, it is not uncommon for women to give birth to children in clinics or hospitals as these facilities are not as scarce as previous years prior to 1950. The births were not the problem, it was an industry norm for registering births that had unintended consequences on what the government is now terming, “delayed birth certificate” fraud.

According to the United States Citizenship and Immigration Services (USCIS), many of these births recorded by midwives are either fraudulent or not legal as they were not recorded according to standards. Those affected by this new application of law, now find themselves having to defend their birth certificate and passports granted to them by the U.S. State Department.

Additionally, those affected are between the ages of 60 and older born in the 1940-50s. This is the age group that is most affected as they were more likely to be born by the assistance of a midwife and at home.

While Texas is approximately 25 million in total, it is populated by a large Latino community in the rural areas, and in South Texas where about 90% of the total population is Latino.

Texas and South Texas Population by Ethnicity, 2007

When broken down into the counties most affected by the passport requirement see the following:

Consequently, immigration attorneys in the Rio Grande Valley have noticed that these cases requiring elderly Latinos to prove their citizenship has spiked within the last two years. Attorney Jaime Diez argues that over 1000 cases have been reported but many more are not for the sake of keeping the peace. However, these are only the cases of those with financial resources to fight DHS, or USCIS in court; but many more surrender their citizenship fearing a long battle in a court that is estimated to cost between $15,000 to $20,000. Many of the elderly, living on a fixed income cannot imagine this long battle or the expense, and instead relinquish their U.S. Citizenship and leave for Mexico, a land not their home.

Immigration Attorneys, like Jaime Diez, in the Rio Grande Valley accept the cases on a pro bono capacity, but have been overwhelmed recently with unnecessary discovery requests by the government and oftentimes face over 5 U.S. attorneys for a simple case of birth certificate verification. In one such case, Jaime Diez in Brownsville. States that five U.S. Attorneys were flown in from Washington D.C. to appear in Federal District Court to ask women questions regarding her childhood in the valley. The U.S. Attorneys asked to be taken to the many places the woman played as a child and other places where she and her brother remembered family gatherings. This was not only inefficient use of government money and resources, it provided little if any comfort thinking that securing the border means stripping Latinos of their U.S. Citizenship rather than apprehending those who are “terrorists” in all aspects at the border crossing.

In 2008, Obama promised Latinos change. Unfortunately, one of these promised changes includes having to lose your birthright identity because you were born at a time when a system was inefficient and antiquated. According to the present Obama policies, if you were born in 1950 and beyond, you are expendable in the U.S. Your absence, along the Rio Grande Valley where you have lived most of your life, will be overlooked. According to this Administration, Latinos have an apathy and will not participate in elections, and so invalid deportations and stripping on U.S. Citizenship will go unnoticed because no one will dare to speak up to this injustice. It is a quiet secret that many will chose to ignore. But Latinos are strong in family ideals and are compassionate protectors for the less fortunate. And now that many do know about what is happening to the elderly along the border, I hope that this Administration is placed on alert to immediately cease and desist this action. It is a shameful way to protect the border, and frankly this behavior is anything but American or decent, it is Mr. President, monstrous.

BTC UPDATE: 6:14 PM — A tax based on newly proposed license requirements has been approved, an insider source disclosed. Newly added taxes have precipitated a late veto from Governor Perry in the past.

A 2nd Texas special session is being discussed around the capitol aimed at Governor Perry’s unfinished business and the viscerally contested nature of SB 1’s requirement for citizenship at Texas MVD windows.   It was also said that the intent to move identity demands forward on the part of Tommy Williams went beyond the norm.

A conferencing process to update or reconcile bills passing both chambers typically is the last administrative agreement on a legislation before moving a bill to the Governor’s desk.  Williams was said to have plans to add citizenship requirements amendments post-conference; which was a process the source had doubts about based on legislative rules.

Other items discussed were a merger of motor voter rolls with database requirements.

BTC  – This little tidbit came in from Daily Kos analysis of the Texas GOP platform.  It’s endemic of how Texas does things.



Real Americans, but not Real Americans 
c/o Mark Sumner

You city slickers think you’re so slick. And citied. But your mind can’t hold up to a fast one-two punch delivered just… like this!

We propose that every Texas driver license shall indicate whether the driver is a U.S. citizen. No such documentation shall be issued to anyone not legally in the country.

Yessir, that’ll stop those charges of racial discrimination. It won’t be the color of your skin that matters, but the federal information stamped right there on your drivers license. (What happens if you have a drivers license from another state? Well, you’re a foreigner by definition.) But here’s the clever bit from another section of the platform.

As the Real ID Act effectively creates an unconstitutional and privacy-inhibiting national ID card, we hereby call for its immediate repeal.

See, the Real ID Act doesn’t actually issue a national ID card. Instead it sets out rules so states can issue drivers licenses that can be used as federal ID. Like for proof of citizenship. The Texas GOP is against that. And for it. Remember: only weaklings turn to lawyers to sue for whiplash induced by contradicting policies.

Ironical, Ain’t It?

BTC – Real ID, while declared dead at the federal level, is still complicating the lives and livelihoods of license holders in states like Maine, who are moving forward with incremental identification benchmarks in compliance with the federal law.

Adrienne Bennet for WBAI reports:


In 2007, Maine was the first state in the nation to reject the federal real i-d act. Today, the state is complying with the federal law designed to make it harder for terrorists and illegal immigrants to get government-issued identification. However, it’s proving to be a nightmare for some Mainers.