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 began during Barack Obama’s administration to deny passports to people who were delivered by midwives in Texas’s Rio Grande Valley. The use of midwives is a long-standing tradition in the region, in part because of the cost of hospital care.
The same midwives who provided fraudulent birth certificates also delivered thousands of babies legally in the United States. It has proved nearly impossible to distinguish between legitimate and illegitimate documents, all of them officially issued by the state of Texas decades ago.
A 2009 government settlement in a case litigated by the American Civil Liberties Union (ACLU) seemed like it had mostly put an end to the passport denials. Attorneys reported that the number of denials declined during the rest of the Obama administration, and the government settled promptly when people filed complaints after being denied passports.
“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.
In its statement, the State Department said that applicants “who have birth certificates filed by a midwife or other birth attendant suspected of having engaged in fraudulent activities, as well as applicants who have both a U.S. and foreign birth certificate, are asked to provide additional documentation establishing they were born in the United States.”
“Individuals who are unable to demonstrate that they were born in the United States are denied issuance of a passport,” the statement said.
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.
The State Department says that even though it may deny someone a passport, that does not necessarily mean that the individual will be deported. But it leaves them in a legal limbo, with one arm of the U.S. government claiming they are not Americans and the prospect that immigration agents could follow up on their case.
Lawyers along the border say that it isn’t just those delivered by midwives who are being denied.
Babies delivered by Jorge Treviño, one of the regions most well-known gynecologists, are also being denied. When he died in 2015, the McAllen Monitor wrote in his obituary that Treviño had delivered 15,000 babies.
It’s unclear why babies delivered by Treviño are being targeted, and the State Department did not comment on individual birth attendants. Diez, the attorney, said the government has an affidavit from an unnamed Mexican doctor who said that Treviño’s office provided at least one fraudulent birth certificate for a child born in Mexico.