The US denying passports to people delivered by midwives is a modern-day witch hunt!

Twin brothers who were scheduled to prove that they were born in the United States. The twins were born with the assistance of a midwife in a border town. They now potentially face deportation.

It happened under George W. Bush and Barack Obama, but it tapered off in 2009 after a lawsuit by the ACLU. Now, with Donald Trump in office, the number of Latinx citizens who have had their citizenship questioned and their passports revoked has reached hundreds, maybe even thousands. The reason? Being delivered by midwives in Texas’s Rio Grande Valley.

The crackdown began because of accused fraud in the 1950s, whereby midwives and some physicians along the Southern border listed U.S. births for babies born in Mexico. The use of midwives in the region was common, a tradition, because the cost of hospital care was too high. It is nearly impossible to ascertain which midwife-granted birth certificates are fraudulent and which are not.

Throughout the early to mid-20thcentury, borders between the two countries were open, and Mexican and American citizens would travel back and forth on a regular basis. Ironically, it was more difficult to obtain dual citizenship in Mexico if the child was born in the United States to Mexican parents, and if the child was first registered in the United States, the child’s U.S. citizenship was rarely questioned. Immigration law followed an “oldest public document” policy; the child’s oldest public document was considered the most reliable evidence of a child’s place of birth. In the late 1980s and early 1990s, a push to close the U.S-Mexican border followed in the wake of the legalization program enacted under President Reagan.

As the push to make citizenship more difficult and closing the border started ramping up, the government started filing fraud charges against midwives in south Texas. Between 1960 and 2008, more than 75 midwives were convicted of signing birth certificates for children they did not deliver. Midwives would end up guessing which certification were given out fraudulently, leading to overly-inclusive lists of names. The parents of the children that were named were not given notice that they were named, and were not given the opportunity to challenge the inaccuracy of the lists. What’s even more alarming was the fact that 250 midwives were deemed “suspicious” with 175 charges being dropped. The U.S. Government never did explain how or why they were considered under suspicion, but egregiously claimed that 15,000 midwife forgeries exist in south Texas. The effect has raised suspicion toward citizens born through midwives in certain regions, a rising witch hunt against midwives and an attack on the children they delivered.

As part of the Western Hemisphere Travel Initiative in June 2009, U.S. citizens who wished to exit or enter the United States were required to have a valid U.S. passport or passport card. The process caused problems for citizens born to midwives. The passport approval process became a convoluted ordeal, forcing the filing of carious legal actions. Problems occurred at a port of entry when a U.S. citizen’s passport reveals birth by midwife, especially if the midwife is on the government’s suspicious or convicted lists. Passport issues also arose in the cases of U.S. citizens who have never left the United States after their birth.

As part of a settlement from a class action lawsuit filed by a coalition of civil rights and legal organizations – including the ACLU, the ACLU of Texas, the international law firm Hogan & Hartson LLP, and Refugio del Rio Grande, Inc. – according to ACLU Racial Justice Program staff attorney Vanita Gupta, “Citizens will no longer be denied a passport solely because of their race, ancestry or because they happened to be born at home with a midwife.”

In 2017 alone, 971 people were denied passports. Those who have had their passports denied or revoked are in a state of limbo, their official birth certificate in doubt, and face possible detention and deportation. An attorney in Brownsville, Jamie Diez, said, “I’ve had probably 20 people who have been sent to the detention center—U.S. citizens.” Coupled with Trump’s crackdown on nonexistent “voter fraud” and campaigns for more restrictive voter identification laws in more conservative areas, especially Texas, those who have had their citizenship questioned may be barred from their legal right to vote.

According to immigrant attorney, Carlos Batara, “From a practical standpoint, the government actions are poorly reasoned…even in cases of seniors who may have been fraudulently registered as U.S. citizens at birth. On the other hand, if there was a fraud committed at the time of birth, they played no decision-making part. They did not commit the fraudulent act. Babies at birth are incapable of criminal intent. On the other hand, if their citizenship was fraudulently procured . . . To the extent they have lived an exemplary life, stayed out of trouble with the law, worked steadily and paid taxes, bought a home for their offspring, little, if any, public good is derived from stripping them of citizenship at such a late stage in their lives. Moreover, little, if any, positive benefit flows to the U.S. government from stripping their spouses and offspring, including grandchildren, of their citizenship . . . which was gained via the family patriarch’s presumed citizenship status. So what principles of legality or compassion, then, are served by challenging these seniors and turning their entire lives, and the lives of their families, upside down 50-60 years later? My view? Absolutely none.”

Why then are we so quick to launch a witch hunt against midwives and the children that they delivered?

 

(Photo Credit: Batara Immigration Law)

They are neither mules nor witches. They are women.

Janice Bronwyn Linden

Amina bint Abdul Halim bin Salem Nasser. Janice Bronwyn Linden. Sixteen elderly women, unnamed.

On Monday, Amina bint Abdul Halim bin Salem Nasser was beheaded by the Saudi Arabian government. The charge was witchcraft and sorcery.

On Monday, Janice Bronwyn Linden was executed, by lethal injection, by the Chinese government. The charge was drug smuggling, of being a `mule.’

On Monday, it was reported that, in one district of one province in Mozambique, from January to November of this year, sixteen elderly women had been accused of witchcraft and then were murdered.

Witches. Mules.

Amina bint Abdul Halim bin Salem Nasser was arrested in 2009. She was in her sixties. The charge was that she engaged in unorthodox healing methods. She charged people as much as $800 a session for … the claim of a cure. There is no way of knowing if this was, indeed, a fraud or if Nasser believed in her methods. She was never given the chance to explain. Instead, she was deemed “a danger to Islam”, and that was that.

Janice Bronwyn Linden was a thirty-five year old South African woman, from KwaZulu Natal, who was arrested in 2008 for smuggling three kilograms of crystal methamphetamine. The South African government tried to intervene, tried to appeal to the Chinese government for clemency. As is the practice in China, Linden was not informed of her impending execution until the morning of the day she was to die. Her family is distraught and despondent. South Africa, at least according to discussions in online forums and newspapers, is divided as to the execution. Many feel Linden deserved her fate. Why? She was a mule. She smuggled drugs into China. She should have known better. She `chose’ her path. She was a mule.

In Mozambique, in the district of Marromeu in the province of Sofala, women elders are under attack. A group of women elders, mulheres da terceira idade, women of the third stage, explained that when young men encounter failure, in work, in school, in life, they blame the elder women, they charge them with witchcraft, and then, filled with righteous indignation, they murder them. The women asked: “Estas situações estão a ser frequentes na nossa sociedade . Será que possuir 50 anos de idade deve constituir motivo para a idosa ser considerada feiticeira e condenada à morte?” “These situations are becoming common in our society. Is being old sufficient reason for being considered a witch and being condemned to death?”

Witches. Mules. These are terms that legitimate the murder of women. And they are terms of the current period, our period. They are the names of what is becoming common in our society. The real story is not crime but women’s power and audacity, “the struggle between orthodox men of the Establishment and an unorthodox woman making claims on forms of social power and authority. Ms. Nasir was low on the social hierarchy but making claims to high status by virtue of magical gifts. She posed not so much a danger to Islam as a danger to the authority of the clerics.”

The real crime is the witch-hunt. Amina bint Abdul Halim bin Salem Nasser. Janice Bronwyn Linden. The sixteen women elders. They are neither witches nor mules. They are women. Remember that.

 

(Photo Credit: South Africa History On Line)