U.S. Rep. Solomon Ortiz, D-Corpus Christi, introduced a bill Friday to amend State Department regulations now preventing thousands of South Texans from obtaining passports.

The State Department has denied passports to residents because the midwife certificates used to verify their births are often not accepted as sufficient evidence, Ortiz wrote in a statement.

The proposed legislation would ensure that racial considerations do not play a role in the processing of passport applications. It would also ensure that an authorized birth certificate constitutes sufficient evidence of American citizenship.

Residents delivered by midwives-including those with state-authorized birth certificates-have been denied passports with little explanation.

In July, State Department officials told The Herald that they suspect some midwives signed off on American birth certificates for babies delivered in Mexico.

But Ortiz worries that the government's suspicion is keeping U.S. citizens from obtaining passports eight months before the document will be required for all cross-border travel as a part of the Western Hemisphere Travel Initiative.

"After meeting with State Department officials, I am gravely concerned about the subjective nature of the application process, specifically for residents along the border area," he said.
"These citizens are hard working taxpayers, and many have served in our military and have worked for the federal government. We are simply asking for clear criteria for these passport applications."

In early September, the American Civil Liberties Union filed a class-action lawsuit to challenge the U.S. Department of State's refusal to issue passports to South Texans because of their race and ancestry.

Ortiz's legislation echoes the ACLU's demand for increased transparency, asking that the reasons for each passport denial be put in writing.

Reps. Charlie Gonzalez (D-San Antonio), Ruben Hinojosa (D-Mercedes), and Ciro Rodriguez (D-Eagle Pass/Fort Stockton) are also original sponsors.

Ortiz wants the legislation to be passed before the Western Hemisphere Travel Initiative takes effect June 1, 2009.