Still no passport if you were delivered by a midwife in Texas

by Ned Levi on April 6, 2009

Last September in my article, Delivered by a midwife in South Texas? No passport for you, I discussed the serious difficulties suffered by many Latinos born in the Southwest, who were delivered by midwives, who are trying to obtain their US passport. It’s time for an update, and for Latinos it’s still an uphill battle.

The problem stems from convictions of South Texas midwives for fraudulently registering births they didn’t deliver, between 1960 and the early 1990′s. The Immigration and Naturalization Service (INS) lists at least 65 midwives who have been convicted of fraud since the 1960s. US officials have said the cases uncovered forgeries for about 15,000 people actually born in Mexico.

In September 2008, the ACLU filed a suit charging the State Department categorically questions the citizenship of virtually all midwife-delivered Mexican-Americans born in southern border states, and has been forcing these applicants to go to unreasonable lengths to prove their citizenship by providing an excessive number of documents that normally are not required, then denies the application despite receiving the extra documentation.

Since writing my article, I’ve heard from a number of affected Americans. I think the most disheartening was what Juan wrote.

I also was born in 1978 with a midwife. I haven’t even tried applying for a passport because of all the stories out there about denying your application.

In my opinion, and that of many others, the actions of the State Department, to categorically question the citizenship of all Latinos, midwife-delivered in South Texas in the ’60s through the 90′s, is not justified by the numbers. Only 15,000 fraudulent birth certificates have been discovered. In 2004 alone, 21,000 midwife-delivered births occurred in Texas, a number which has been steady shrinking since the ’80s, in part due to the federal convictions.

In other words, the 15,000 fraudulently certified births are a very small number of the total number of Latinos delivered by midwives in Texas, and don’t justify a blanket rejection of Latino births certified by midwives over almost four decades.

Sandra, another Latino turned down for a passport wrote saying,

Hi, I find myself in the same boat as many others and have turned even to the new President Obama for help, not sure if it will get me anywhere. I called the ACLU and e-mailed, was contacted by a lawyer working cases in conjunction with them but they could not take anymore clients. They needed my information to prove the cases now at hand. I need help! This is our right!

David wrote after reading my earlier article,

I was born in Brownsville, Texas, and unfortunately am going through the same trouble for a passport, and at this point I don’t know what I need to do to get this clear up. I was already questioned by State Department agents and they just told me to go to court…

It looks like it’s hard to get help at this point, and potentially very expensive. Who knows how long the ACLU suit will take, and what its outcome will be. Moreover, if the State Department loses, we don’t know if they will prolong the case through appeals.

As of June, the problem of being denied a passport becomes more acute than ever. Starting June 1st, all Americans will need a passport, passport card, or other approved travel documents such as Nexus, Sentri or Fast, to be able to return to the US from traveling to a foreign nation. That means Americans need one of these documents to even drive across the border to Mexico or Canada.

Anyone who has been affected by the State Department’s refusal to grant a passport due to their birth being certified by a midwife in the Southeastern US should contact the ACLU. Documentation of your information and problems can strengthen their suit, and the ACLU’s petition, which seeks class action status for the case.

In addition, contact your Representative in the US House, and your two Senators. It’s been my experience that members of the US House of Representatives really try to assist their constituents with their problems with the federal government. You’ve got to put a human face on the problem.

I feel strongly about this situation and will continue to follow it and report on it as a columnist. Sandra said it well.

We deserve to live free. We are US citizens and we deserve the right to travel just like everyone else. I feel like I am in a Golden cage, I am in, but can’t get out, and if I do, I can’t come home. Where is the justice and pursuit for happiness and liberty in that!

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Tagged as: ACLU, INS, Latino, Mexican American, Mexico, midwife, passport, Representative, Rio Grande Valley, Senator, southwest, State Department, Texas, WHTI

  • mindy

    This is a perplexing problem! So here we have these people who were born here, raised, gone through the public schools here, write (and presumably speak) English better than many other “Americans”, and they run into a road block like this!

  • Veronica

    My father was born/delievered by a midwife in 1957 in Brownsville, TX and has been denied his passport even after submitting school records, baptism certificate and other documents. My grandfather a US citizen and life long resident of Brownsville was initially also denied a passport when he applied a couple of years ago. They went so far as to request his mother’s documents (original passport). My grandfather is in his 80s! After 3 tries and paying the passport fee each time, he finally was issued a passport.

    This situation has gotten out of control.

    The passport agency even requested my father’s midwife’s records (prenatal records).Unfortunetly, the midwife who delievered my father passed away about a year or so ago and the records were lost. Fortunely we were able to locate the midwife’s assistant whose well into her 80s. My father will try to apply again. On the passport form they say you can use a written affadavit from someone with knowledge of the record. We still hold a little hope.

    By the way, when my father went to the Immigrant Office, they told him it would be easier for him to apply for citizenship than to get his passport. Ok, what about the taxes he’s paid.. Social Security?

  • Angie

    I also share the concern of living in a gold cage. I was born in Mercedes by a midwife.. I graduated from High School, Started working at the age of 18.. bought and pay for my house, my cars, i went to College and got a Bachelor’s Degree. I pay my taxes every single year.. have no received Goverment help to raise myself or my kids… I am an American Citizen with rights….. We need to let govermnent know we are fed up with his red tape.

  • jorge sanchez

    My wife was born in San Benito and I was born in Brownsville by midwifes. I believe that is not our fault by the decisions our parents made. Why should it affect us or anybody with the same situation. If the people in charge of Home Land Securtiy have an education, they should find out from their family tree where they come from. They are forgetting about all immigrants which came from different continents…ILLEGALY…..does that denies them not have a citizenship in the U.S. because of the choice their ancestors made? Or maybe they are lacking of U.S History!

  • brenda

    well me and my husband were born in brownsville tx by a midwife we apply for the passport in june and i already got mine a month ago,but my husband hasnt received his,and we dont know why because we were born with the same midwife and we havent received any letters saying if its going to be denied or not. We dont know what to do, because everytime we call the passport agency they just say that the application hasnt been processed, so what does that mean…that hes going to get it or not they say they dont know. Who should we call to find out? Please if anyone knows tell me.

  • Ricardo M Galvan

    Hey… The only way to change this discrimination is to go on strike like Cesar Chavez… I am ready to go on strike all I need is the full support of the Mexican American community… And the guidance to do this… My friends it takes more than complaints to change this… Someone needs to die to change this… I will sacrifice my self… Because Im in a worse situation than you guys… I try to get my wife’s’ residence and after paying more than 5k dollars in paper work, vaccines, medical exams and travel expenses I was told that my birth was in doubt. These people had my certificate before I paid all this money and did not mention nothing to until we were in Juarez for the interview. This is just an acct of discrimination and greed… Let’s wake up people… Lets go on hunger-strike

  • Joana

    I was born thru a midwife along the border. and i am very fortunate to have been issued my passport. Basically what i provided as proof was school records, immunization records, baptism, parents whether father or mother tax information where i was claimed since birth, pictures of elementary and even year books of my elementary years. The moment all the documentation got to them then sent me my passport. now i can go to my carribean cruise. Oh i forgot to mention i also wrote them a letter stating that i was a citizen and that i had the right to travel just like everyone else because i do to pay taxes and work and get taxes deducted from my paycheck…. overall guys my experience should brings your hopes up a little. Use all of your resources that you can possibly think of. gather as much information as you can. even though they dont ask for it send them everything..There is never too much because maybe that much can guarantee your passport.

  • Jose

    I submitted my application 2 years ago, they asked me to prove who I was and since then I have send them as much as I can but they are still holding my application threatening to denied me the passport, its unbelivable what this people are doing based on race since people with anglo last names delivered by midwives at birth are not going thru what Mexican Americans are going thru.

  • LEVERN FORD

    I WAS BORN 73 YEARS AGO, AND I WAS DELIVERED BY A MIDWIFE IN THE STATE OF TEXAS, AND I WAS DENIED A PASSPORT EVEN AFTER I GAVE THEM ALL OF THE DOCUMENT THEY REQUESTED
    THE DENIAL WAS BECAUSE I HAD THE STATE OF TEXAS TO ISSUE ME A BELATED BIRTH CERTIFICATE, AND I WAS TOLD THAT BECAUSE THE BIRTH CERTIFICATE FILED TWO YEARS AFTER MY BIRTH. SO WHAT CAN I DO TO GET A PASSPORT, I DON’T HAVE ANY
    OPTION.

  • I. Cis

    Has anyone been charged $200.00 by a Mercedes, TX midwife for 1978 birth records?

  • julieta

    I just think that they are going about this in a stupid way… Isn’t it funny how they will deny you the passport to travel out side the U.S but yet you are still here living as a united states citizen . Is this there new way of gettin rid of hispanics what are they gona do deport every hispanic that was born with a midwife???

  • Delfina

    According to our U.S State department, i am merely a presumed citizen and do not possess the required “proof” of citizenship. This is what i do have: State issued Birth Certificate, A Texas Drivers License, Social Security Card. According to the Government this should be all i need, but apparently these document to not make a person American enough to receive a Passport. I am however American enough to pay taxes on just about anything these days and it was not my choice for my mother to be poor and not be able to afford health care. However, it is my choice to travel outside of this country when i choose. It is not right that the government should be able to deny you that right and steal your money at the same time. Im not sure at this time if i even want to try a second time and be denied again while the Government still sees fit to keep the fees associated with the application process.

  • Maria Guerrero

    We need a strong leader that can end this blyant discrimination against our Mexican brothers and sisters. My friend has tried for two years to obtain his passport, he not only was born here and has a birth certifcate, but also has been here working for over 40 years in Houston, paying taxes,voting all the good things US citizens have as a priveldge He was registered in Mexico first, a few days later a midwife registered him in Brownsville. Thats there excuse for not giving him his passport at this time. Supposely the ruling Castenedo vs. Hilary is supposed to give second chances to those who were denied. I have not heard of any sucess stories regarding this, has any one?

  • Maria Garza

    Does any one know for a fact if the Houston Agency request your records as far as vaccines school records baptismal ect ect ect….. Do they sent you back all your valuable documentation. I do not want to sent all original documentation and then not to receive it back!!!

  • http://www.tripso.com/author/ned/ Ned Levi

    Maria, contact the local ACLU. They have taken on the problem. They can give you solid legal advise.

    If it were me, I’d send copies (high quality ones) and see what happens, but then, I’d contact an attorney first.

  • Angelica

    I was born in Laredo, TX by a midwife. It took me more than a year to get my passport after a stressful research about my childhood. I still don’t receive my papers that I submitted back to me.

    Just be patient if you were born here you will get your passport.

  • Friend

    This message is for Maria Garza
    I sent my birth cetificate and i was denied and I have not received it back yet after 1yr. I called and they told me that it should have been sent out however, if I had not received it I had to write a letter asking for it back. It is ridiculous and stupid if you send anything out make sure you make copies of everything.

  • Frustrated

    I’m so frustrated! I have submitted all of my paperwork to the Los Angeles passport agency and they to denied my passport. I gave her everything she asked for except prenatal records of my birth because i don’t have it. My birthcertificate says i was born in Los Angeles by a midwife. I can’t leave the country and it’s difficult when you have ill family members that you can’t see. HELP HELP. I left a couple of messages to the ACLU in San Diego and they don’t return any of my calls. Does anyone in San Diego know where else i can go?

  • http://www.tripso.com/author/ned/ Ned Levi

    I understand your anguish and frustration. I strongly suggest you contact the office of your Representative in Congress in the morning, and the office of at least one of your state’s US senators. Call their offices.

    You can find out the phone number of your Representative’s office at the website of the House of Representatives Office page. You can find out the phone number of your Senators’ offices at the US Senate – Senators’ page.

  • Mark Ciulla

    Hi,
    My name is Mark ciulla and I live in Holly Hill, Florida.
    I am having a very bad time getting my passport issused.
    I recieved a letter from the “department of state” asking me for way too much personal infomation.
    I filled out the DS-11 that I got from the post office, then I went back to them and I gave them my valid florida ID card,a Louisiana birth certificate with a raised
    seal on it,and they copied my social security card number.

    The lady at the post office said I should expect to get the passport in 4 to 6 weeks.

    Then on january 21st. 2011 ( the letter is dated January 18th. 2011 ) I get the letter from the “department of state” saying
    ” Unfortunately, the identification you provided is not sufficient for passport purposes”.

    I then went to my Congressman’s office (John L. Mica), the lady there (an aid of his), after i left, she contacted the Miami branch of the department of state.
    The next day she called and said that the department of state said that my florida state ID that i gave was too newly issused, do you have an older one?
    And the answer to that is YES.
    So I bring her my old florida ID card, my ss card, my library card, my voter id card,my old florida voter card from 1996,
    a birth registration card from “New Orleans board of health and vital records”,a state of florida “department of revenue card” tax number dated 1993,
    an old “national rifle association” membership card from 2001, an old vaccination paper from louisiana by a “Dr.Bertha N. Wexler” dated 1976,
    a photo copy of the original birth certificate that the department of state has right now (the department of state has the original),
    a certificate of baptism from “saint alphonsus church” which is in New Orleans Louisiana and it has a raised seal on it,
    and an old “free Congress” research and education foundation membership card from 1999.
    My Mother even gave the lady at”John L. Mica’s office” infomation about herself,
    like my mom’s “drivers license card” and some other stuff to prove who she is, so that she could be a witness for me.

    The lady at “Mica’s” office said that the amount of extra infomation and documents that I gave her was “OVER KILL”, she looked excited that this would fix it.
    But the next day she called and said they wanted even more info.

    The reason I have a Florida ID card and not a florida “drivers license” is because I don’t want to drive and I don’t have a car.
    I am an American citizen, I do not have a criminal record. I am not here illegally, I was born in New Orleans, Louisiana on 02/08/1970.
    All My ancestors have been/lived in this country at least 100 years, most arriving here in the 1880′s from Sicily, Italy.
    I have e-mailed my two Senators, but they have not responded yet.
    I am trapped in america.
    P.S. I have proved my identity, I am tired of jumping through hoops for them.

  • Frustrated

    Has anything changed? I’m still with no passport contacted everyone i can think of. I talked to an immigration lawyer and they want $10, 000 dollars to start my case and they don’t guarantee i will be receiving my passport. I have already applied and paid twice to the Los Angeles Agency. Has anyone had any luck? Are we just going to gorget about this and not travel?

    Still frustrated!

  • Annette Mejia

    My sister and brother in law have been saving for a trip to Europe, and is costing them $6,000. They are both U.S. Citizens. My brother in law was born in Texas through a midwifery. He is getting the run around by these people, it seems like everything he is sending in not enough. They are suppose to leave Friday, April 15, 2011, and no passport. My sister tried to reschedule, because it is a special tour price she can’t. If he doesn’t get his passport by Thursday, they lose out on $6,000 that they’ve been saving for. My opinion, this is outrageous, and I am ashame of the U.S. My brother in law served and retired from the Army, served in Vietnam and is a Veteran. And now he can’t travel because they are questioning his citizenship. He was good enough to serve for his country, United States of American, but not good enough to get his passport. This may be his last opportunity to travel, due to his age. With this economy who can really travel? They have saved and saved, only to lose it all. My prayer is God will intervene and turn this around for them. They are good people and he deserves this trip.

  • Veronica 5475

    Hi,
    I just received my birth certificate after I requested a copy from Austin Tx and was denied. I hired the services of an attorney in Brownsville and in 4/2011 I attended a telephone hearing in my attorney’s office. In 10/05/2011 my attorney emailed me to inform me that he had received my birth certificate and to offer his services to help me obtain my passport. I live in Georgia so I immediately sent him a check for 50% of what his fee is going to be and as soon as he received it he completed my packett and will mail it back to me and I will go apply for the passport in my city. According to my atty, I will most likely be submited to investigation but he will help me in case I’m required more information. I hope this has a good outcome. I will keep y’all posted and if the outcome is good, I will share the attorney’s info in case anyone is interested in hiring his services. I’ve heard he is really good but until then, I won’t recommend him to anybody. Got to see to believe.
    Good luck to everyone struggling with the passport issue.
    God Bless!!!

  • Mariagarcialopez100

    Veronica,
    Hy My name is Maria Garcia and my passport was also dined. Although i have all my documents in place with my birth certificate from Austin. I applied back in 2007 and in 2008 and both applications were rejected. Any ways do you know about E-VERIFY???? E verify is a new system that verifies if someone can work in the USA!!!! Do you know if because we were delived by a midwife is this going to complicate just like the US Passport??? Please get back to me thanks!!!

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