Identity, Identification, and Membership: Review of The

Total Page:16

File Type:pdf, Size:1020Kb

Identity, Identification, and Membership: Review of The requesting that the bearer be allowed to Book Review enter and traverse a country in furtherance of his lawful pursuits. In 1835, the Identity, Identification, and Membership: Supreme Court in Urtetiqui v. D’Arcy held Review of ‘‘The Passport in America: The that the passport, although identifying its History of a Document’’ by Craig holder as a U.S. citizen, did not constitute Robertson. New York, NY: Oxford legal evidence of citizenship. The court University Press, 2010. characterized the passport as a political document ‘‘addressed to foreign powers; DONALD KERWIN, purporting only to be a request that the Migration Policy Institute bearer of it may pass safely and freely …’’ Until the Civil War, the Secretary of State personally signed passports and, until Craig Robertson’s The Passport in America: the 1840s, most passport applications con- The History of a Document does more than sisted of a personal letter to the Secretary of tell the story of the passport’s emergence as State. The State Department did not issue a reliable identity document. It displays the its first circular on the passport application great immigration themes in U.S. history – process until 1845. In 1846, it set forth the identity, sovereignty, membership, national documents needed to prove identity and security, privacy, federalism, bi-national citizenship. However, only in the last dec- communities, and the attempts of over- ade of the 19th century, did officials begin whelmed government officials to enforce to consistently enforce these requirements. the law – through the lens of the humble In the mid-19th century, the State passport. Robertson details advances in the Department increasingly treated the pass- form and security of the passport, devoting port as a certificate of citizenship, and pass- early chapters to specific features of the doc- port requirements and procedures reflected ument and its ‘‘assembly’’ over time. In the the ideal of a citizen as a White, male, U.S. second part of the book, he recounts the born, property holder.1 In 1856, Congress significant controversies over the federal declared that passports could only be issued government’s attempt to document identity to citizens, and vested the Secretary of State and citizenship through the passport. with sole authority to do so. In the late 19th and early 20th cen- tury, the passport began to assume its role IDENTITY AND as a ‘‘bureaucratic expression’’ of identity. IDENTIFICATION Robertson’s central theme is the way in which the federal government transformed identity from a sense of ‘‘self-awareness’’ In Robertson’s engaging narrative, the established by an individual’s word and modern passport has its roots in the medi- affirmed (if necessary) by his or her local eval ‘‘safe conduct’’ documents that pro- community, to a matter determined by vided safe passage to visiting diplomats the state, proven by standard forms and and the ‘‘king’s license’’ that granted per- processes, and verified by authorized gov- mission to leave a territory. Although the ernment officials. Robertson refers to this Continental Congress authorized the Department of Foreign Affairs to issue passports in 1782, the United States still 1 awarded fewer than 100 passports per year Until World War I, the State Depart- by 1818. Through the first half of the ment issued joint passports to husbands 19th century, passports – like ‘‘safe con- and wives in the full name of the hus- duct’’ documents – took the form of let- band. Until 1922, women lost their U.S. ters from one foreign official to another citizenship by marrying non-citizens. Ó 2011 by the Center for Migration Studies of New York. All rights reserved. DOI: 10.1111/j.1747-7379.2011.00855.x IMR Volume 45 Number 2 (Summer 2011):489–492 489 490 International Migration Review trend as the ‘‘collapsing of identity into response to immigration restrictions and identification,’’ or matching a person to controversies over citizenship.3 ‘‘his or her official representation.’’ In this The issuance of passports to ‘‘dubi- way, the state produced a new identity ous citizens’’ – among them, free African through the passport system. Americans and citizens who had aban- To the federal government, standard- doned U.S. residency – compromised the ized forms, documentation, filing systems, ability of the passport to serve as a certifi- procedures and a growing bureaucracy were cate of citizenship and raised the need for necessary to remove individual bias in iden- greater clarity in citizenship law. Prior to tifying its members. For many officials and the Civil War, some states awarded citi- inconvenienced travelers, the transforma- zenship (including to African Americans) tion of identity from ‘‘a personal mode of without federal approval and free African trust to an impersonal mode of trust in offi- Americans attempted to obtain federal cial identification’’ raised concerns that passports to bolster their citizenship verged on the existential. To critics, the new claims. On August 18, 1856, Congress passport system implied that their govern- passed legislation that provided that pass- ment did not trust them and sought to ports could be granted only to citizens, usurp their authority over their own iden- and that gave the Secretary of State sole tity.2 Even expressions of attempted integra- authority to do so. Previously, governors, tion ran afoul of this scheme, as officials mayors and notary publics also issued rejected passport applications from natural- passports. The infamous Dred Scott deci- ized citizens which included Anglicized sion in 1857 held that African Americans spellings of names that conflicted with other could not be citizens, in part, because the spellings. Despite the controversies, by the federal government did not treat them as late 1930s, the passport’s new role had been citizens by granting them passports.4 largely accepted. The nation’s first immigration restrictions also created an impetus for a national passport that established identity INDIVIDUAL AND and citizenship. In order to implement the NATIONAL IDENTITY Chinese Exclusion Acts, which were passed between 1882 and 1902, the Immigration Bureau created an elaborate system of reg- Robertson argues that that the passport’s istration, identification, and certification. evolution was spurred by the federal gov- Two decades after Congress required pho- ernment’s newfound desire ‘‘to know and tographs on Chinese identification docu- remember’’ citizens and non-citizens in ments, the State Department introduced a similar requirement for passports. The national origins quota legisla- tion – introduced in 1921 and made per- 2For those who viewed nationality in cul- manent in 1924 – created the need to tural terms and saw themselves as proto- identity individuals, capture their national- typical Americans, state requirements to ity, and determine whether they had been prove identity and membership may have been an even greater affront. 3The evolution of the passport also 4The State Department also exercised its reflected a broader faith in the 19th cen- discretion in not renewing passports to tury – found in law enforcement and another category of ‘‘dubious citizens,’’ criminal identification practices – in the those whose long-term residence abroad (it importance of ‘‘objectivity’’ in creating was believed) diminished allegiance to the knowledge. United States. Book Review 491 counted within their nation’s annual During World War I, passports quota. It required immigrants to secure an became an instrument to identity German ‘‘immigration visa’’ from a U.S. consulate spies and Bolsheviks, and to control the office prior to departing for the United movement of U.S. citizens abroad. In States. It also increased the need to iden- November 1914, the State Department tity U.S. citizens through passports. announced that all citizens going abroad One practical factor that made it ‘‘should’’ carry a passport. In December difficult for passports to serve as a reliable 1914, Secretary of State William Jennings indicator of citizenship was the lack of Bryan required that passports include a modern ‘‘breeder’’ documents, particularly photograph. In June 1917, the Secretary birth certificates. To establish citizenship, of Commerce formally requested that applicants had to submit an affidavit wit- steamship lines not accept passengers with- nessed by a notary public and signed by out passports that had been examined by another citizen that verified the applicant’s customs officials. In July 1917, the State identity and claim to citizenship. Not and Labor Departments issued a joint until the first decades of the 20th century order requiring that non-citizens obtain did most states pass laws requiring regis- visas from U.S. consular officials in order tration of births, and the federal govern- to enter the United States. After the war, ment did not achieve universal birth President Wilson argued for the continua- registration until 1933. As of 1942, tion of the visa system on the grounds according to Census Bureau, 40 percent of that it excluded people whose admission population still did not have a birth certif- ‘‘would be dangerous or contrary to the icate. public interest.’’ In 1918, customs officers began to NATIONAL SECURITY, compile a record of people leaving the country, a step that has proven difficult to PRIVACY, BORDER implement even in the post-9 ⁄ 11 era. This COMMUNITIES, AND earlier requirement came in the context of the surveillance and monitoring of persons IMMIGRATION CONTROL of German descent (1917), and the registra- AND PROCESSING tion of all German males (1917) and females (1918). The Passport Control Act of 1918 gave the President power in times Four additional themes emerge from Rob- of war to control the travel of citizens (and ertson’s superb book. First, Robertson others) to and from the United States. reminds us how passport and immigration Second, Roberts recounts the skep- restrictions can become instruments of ticism of border officials during this era national security in times of war or overall towards the passport control system.
Recommended publications
  • 42Genno44.Pdf
    U.S. Customs and Border Protection CBP Decisions [USCBP 2007–0061; CBP Dec. No. 08–26] RIN 1651–AA69 8 CFR Parts 212 and 235 DEPARTMENT OF STATE 22 CFR Parts 41 and 53 Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere AGENCIES: U.S. Customs and Border Protection, Department of Homeland Security; Bureau of Consular Affairs, Department of State. ACTION: Final rule. SUMMARY: This rule finalizes the second phase of a joint Depart- ment of Homeland Security and Department of State plan, known as the Western Hemisphere Travel Initiative, to implement new docu- mentation requirements for U.S. citizens and certain nonimmigrant aliens entering the United States. This final rule details the docu- ments U.S. citizens1 and nonimmigrant citizens of Canada, Ber- muda, and Mexico will be required to present when entering the United States from within the Western Hemisphere at sea and land ports-of-entry. DATES: This final rule is effective on June 1, 2009. FOR FURTHER INFORMATION CONTACT: Department of Homeland Security: Colleen Manaher, WHTI, Office of Field Operations, U.S. Customs and Border Protection, 1300 1 ‘‘U.S. citizens’’ as used in this rule refers to both U.S. citizens and U.S. non-citizen na- tionals. 1 2 CUSTOMS BULLETIN AND DECISIONS, VOL. 42, NO. 44, OCTOBER 23, 2008 Pennsylvania Avenue, NW., Room 5.4–D, Washington, DC 20229, telephone number (202) 344–1220. Department of State: Consuelo Pachon, Office of Passport Policy, Planning and Advisory Services, Bureau of Consular Affairs, tele- phone number (202) 663–2662.
    [Show full text]
  • Electronic Identification (E-ID)
    EXPLAINING INTERNATIONAL IT APPLICATION LEADERSHIP: Electronic Identification Daniel Castro | September 2011 Explaining International Leadership: Electronic Identification Systems BY DANIEL CASTRO SEPTEMBER 2011 ITIF ALSO EXTENDS A SPECIAL THANKS TO THE SLOAN FOUNDATION FOR ITS GENEROUS SUPPORT FOR THIS SERIES. SEPTEMBER 2011 THE INFORMATION TECHNOLOGY & INNOVATION FOUNDATION | SEPTEMBER 2011 PAGE II TABLE OF CONTENTS Executive Summary ........................................................................................................ V Introduction..................................................................................................................... 1 Background ....................................................................................................................... 1 Box 1: Electronic Passports ............................................................................................. 3 Terminology and Technology ........................................................................................... 3 Electronic Signatures, Digital Signatures and Digital Certificates ............................... 3 Identification, Authentication and Signing ................................................................ 4 Benefits of e-ID Systems ............................................................................................ 5 Electronic Identification Systems: Deployment and Use .............................................. 6 Country Profiles .............................................................................................................
    [Show full text]
  • Identity Documents Act (2000, Amended 2017)
    Issuer: Riigikogu Type: act In force from: 01.04.2017 In force until: 30.06.2017 Translation published: 28.03.2017 Identity Documents Act1 Passed 15.02.1999 RT I 1999, 25, 365 Entry into force 01.01.2000 Amended by the following acts Passed Published Entry into force 08.03.2000 RT I 2000, 26, 150 15.12.2000 21.03.2000 RT I 2000, 25, 148 29.03.2000 17.05.2000 RT I 2000, 40, 254 01.08.2000 08.11.2000 RT I 2000, 86, 550 02.12.2000 17.01.2001 RT I 2001, 16, 68 16.02.2001 07.03.2001 RT I 2001, 31, 173 07.04.2001 12.06.2001 RT I 2001, 56, 338 07.07.2001 19.06.2002 RT I 2002, 61, 375 01.08.2002 19.06.2002 RT I 2002, 63, 387 01.09.2002 15.10.2002 RT I 2002, 90, 516 01.12.2002 15.01.2003 RT I 2003, 13, 65 01.05.2003 22.01.2003 RT I 2003, 15, 87 27.02.2003 03.12.2003 RT I 2003, 78, 527 01.01.2004 17.12.2003 RT I 2004, 2, 4 16.01.2004 14.04.2004 RT I 2004, 28, 189 01.05.2004 14.12.2005 RT I 2006, 2, 3 01.07.2006 15.02.2006 RT I 2006, 12, 79 01.04.2006 17.05.2006 RT I 2006, 26, 191 01.08.2006 10.05.2006 RT I 2006, 26, 193 01.01.2007 07.06.2006 RT I 2006, 29, 221 28.08.2006, partially02.01.2007 14.11.2007 RT I 2007, 62, 394 Entry into force upon accession of Estonia to the European Union common visa space partially 21.12.2007 and partially 30.03.2008.
    [Show full text]
  • On Documents of Identification
    On Documents of Identification Unofficial translation The Law of the Republic of Kazakhstan dated 29 January, 2013 No.73-V The order of enforcement of this Law see Article 31 This Law determines the legal basis of documents of identification, establishes requirements to their execution, as well as regulates activity on reproduction, issuance, change, surrender, suppression and destruction of identity documents. Chapter 1. GENERAL PROVISIONS Article 1. Basic concepts used in this Law The following basic concepts shall be used in this Law: 1) identity document of person without citizenship – a document of identification of individual, having no proof of their belonging to the citizenship of any state; 2) identity document of refugee – a document of identification and approving the status of refugee; 3) a document of identification – a material object of standard form with information on personal data of individuals, recorded in it, permitting to establish identity and legal status of its owner for the purpose of personal identification; 4) identity document of citizen of the Republic of Kazakhstan – a document of identification of citizen and approving the citizenship of the Republic of Kazakhstan; 5) passport of citizen of the Republic of Kazakhstan – a document of identification of citizen and approving the citizenship of the Republic of Kazakhstan in the territory of the Republic of Kazakhstan and abroad; 6) diplomatic passport of the Republic of Kazakhstan – a document of identification of citizen of the Republic of Kazakhstan upon his
    [Show full text]
  • Travel Document Application Form
    Travel Document Application Form Irish Naturalisation & Immigration Services Travel Document Section January 2017 Important Information Please ensure that you read this information before completing your application form. The information outlined below will assist you in completing your form correctly and minimise the possibility of your form being returned due to omissions or errors. Further information on Travel Documents if required can be found on our website www.inis.gov.ie (under Immigration – Travel Documents). Application Form Please indicate the type of Travel Document you are applying for in Section 1. It is important that all other sections relevant to you are fully completed. If your application form is incomplete, or you do not submit all of the required documentation your application cannot be processed and will be returned. Fee Payable The administration fee payable for a Travel Document is outlined on our website. Payment can be made by Postal Order or Bank Draft. Photographs You must submit four passport sized photos with your application, two of which must be signed by a member of An Garda Síochána. Full requirements are set out on our website and are the same as those used for an Irish Passport. It will not be possible to produce a Travel Document where the photos do not meet the required standard and your application will be returned. Signature You must sign the Declaration in Section 7 in the presence of a member of An Garda Síochána. You must also sign the Declaration in Section 9 and sign in the box provided. The box will be used to create a digital image of your signature which will be shown on your document.
    [Show full text]
  • E-Mykad : an Online Identity Representation System for Malaysia’S Internet Community
    E-MyKad : An Online Identity Representation System for Malaysia’s Internet Community By Rizal bin Yusoff Dissertation submitted in partial fulfilment of the requirements for the Bachelor of Technology (Hons) (Information Communication Technology) September 2013 UniversitiTeknologi PETRONAS Bandar Seri Iskandar, 31750 Tronoh Perak Darul Ridzuan 0 CERTIFICATION OF APPROVAL E-MyKad : An Online Identity Representation System for Malaysia’s Internet Community by Rizal Bin Yusoff Dissertation submitted in partial fulfilment of the requirements for the Bachelor of Technology (Hons) (Information Communication Technology) Approved by, (Dr. Lukman A Rahim) UNIVERSITI TEKNOLOGI PETRONAS TRONOH, PERAK September 2013 1 CERTIFICATION OF ORIGINALITY This is to certify that I am responsible for the work submitted in this project, that the original work is my own except as specified in the references and acknowledgements, and that the original work contained herein have not been undertaken or done by unspecified sources or persons. _______________________ RIZAL BIN YUSOFF 2 ABSTRACT The emergence of the internet since the evolution of Web 2.0 has brought many people attentions towards the security of the internet itself. For many years, the online community in the world including Malaysia has increase dramatically. The people are using the internet mostly to interact and socialize with others and to do the online transactions such as selling and buying things. Such progress of the online environment has raised the issue such as the security, privacy and also the trust issue. On the first part of this research paper, the author will prove that there is the need of one system or platform that can be used to verify user‟s identity on the internet.
    [Show full text]
  • CNIC), the Smart National Identity Card (SNIC
    Responses to Information Requests - Immigration and Refugee Board of Canada Page 1 of 18 Home Country of Origin Information Responses to Information Requests Responses to Information Requests Responses to Information Requests (RIR) are research reports on country conditions. They are requested by IRB decision makers. The database contains a seven-year archive of English and French RIR. Earlier RIR may be found on the UNHCR's Refworld website. Please note that some RIR have attachments which are not electronically accessible here. To obtain a copy of an attachment, please e-mail us. Related Links • Advanced search help 4 January 2019 PAK106220.E Pakistan: The Computerized National Identity Card (CNIC), the Smart National Identity Card (SNIC), and the National Identity Card for Overseas Pakistanis (NICOP), including issuance procedures, content, validity, and purpose (2017- December 2018) Research Directorate, Immigration and Refugee Board of Canada, Ottawa 1. National Identity Card (NIC), Including CNIC and SNIC According to the Pakistani National Database and Registration Authority (NADRA) website, Pakistani citizens 18 years of age or older are eligible for an NIC (Pakistan n.d.a). The NIC has a "unique 13 digit identification number" which is "recognized all over the country" and is mandatory in order to apply for documents such as licenses, an NTN [National Tax Number], a bank account, a passport, a cellular connection, etc. (Pakistan n.d.a). https://irb-cisr.gc.ca/en/country-information/rir/Pages/index.aspx?doc=457692&pls=1 2/9/2019 Responses to Information Requests - Immigration and Refugee Board of Canada Page 2 of 18 According to the NADRA website, the SNIC is the same as the NIC but with "added security features" and there "may" be additional charges to get the SNIC (Pakistan n.d.b).
    [Show full text]
  • European Identity: Symbols to Sport
    ) European identity: symbols to sport Commission of the European Communities Directorate-General for Information. Communication and Culture 6/87 Rue de Ia Loi 200- B-1049 Brussels March 1987 t is 30 years since the signature, in Rome on 25 March 1957, of the treaty which I is more or less the constitution of the European Community. The Community continues to strengthen its identity and to make progress towards one of its fundamental objectives: a Europe that is more united and closer to its people. Symbols and the gestures of sport can help. There is a clear need for steps to strengthen the Coriununity's identity. It will be remembered that in the last European elections in June 1984, only 60% of the electorate actually voted; many people felt little involvement and preferred to go fishing or whatever. Perhaps even more worrying is the fact that Europe and the European Parliament were often ignored in the election campaign. Some days after the elections, at Fontainebleau on 26 June 1984, the Heads of State or Government of the Coinmunity celebrated the success of their 'summit'. They had not only solved current problems but had laid the foundation for the Com­ munity of tomorrow. The aims: to initiate new common policies, to move forward with the political unification of the Old Continent and also to make its people more aware of the European Community. To give concrete expression to these grand designs, the participants at Fontaine­ bleau set up an 'ad hoc' committee on a People's Europe. This body was chaired by Pietro Adonnino, representing Bettino Craxi, the President of the Italian Council of Ministers.
    [Show full text]
  • Council of Europe Committee of Ministers
    COUNCIL OF EUROPE COMMITTEE OF MINISTERS Recommendation Rec(2005)7 of the Committee of Ministers to member states concerning identity and travel documents and the fight against terrorism (Adopted by the Committee of Ministers on 30 March 2005, at the 921st meeting of the Ministers’ Deputies) The Committee of Ministers, under the terms of Article 15. b of the Statute of the Council of Europe, Considering that the aim of the Council of Europe is to achieve greater unity between its members; Bearing in mind Resolution No.1 on combating international terrorism approved at the 24thConference of European Ministers of Justice (Moscow, 4-5 October 2001) and Resolution No.1 on combating terrorism approved at the 25th Conference of European Ministers of Justice, (Sofia, 9-10 October 2003); Considering that the Final Report of the Multidisciplinary Group on International Action against Terrorism (GMT) and the subsequent decisions of the Committee of Ministers recognise the field of identity and identity and travel documents as a priority area for the Council of Europe’s legal action against terrorism; Bearing in mind the Final Activity Report of the Group of Specialists on Identity and Terrorism (CJ-S-IT) of 23 April 2004 and the opinion of the Committee of Experts on Terrorism (CODEXTER) thereon; Taking into account the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) and its Additional Protocol, regarding supervisory authorities and transborder data flows (ETS No. 181); Taking into
    [Show full text]
  • Preliminary Discussion Paper on the Future of Identification and Development
    Preliminary Discussion Paper Version: 10/31/2015 Preliminary Discussion Paper on the Future of Identification and Development [DRAFT] Version: 10/31/2015 Alan Gelb and Anna Diofasi Center for Global Development This preliminary discussion paper serves as a background document to an upcoming CGD book on identification, biometric technology, and development and as an input to ongoing CGD work in this area. CGD is grateful for contributions from the Omidyar Network in support of this work. 1 Preliminary Discussion Paper Version: 10/31/2015 Contents 1 Introduction .............................................................................................................................. 3 Motivation. .............................................................................................................................. 3 Outline and Scope.................................................................................................................... 7 2 Identity and “Official Identity” ............................................................................................. 10 2.1 Three Phases of Identity. ................................................................................................. 11 2.2 How do ID Systems Evolve? ............................................................................................. 14 2.3 Legal Identity or “Official” Identity? ................................................................................ 16 3 Who Has “Official Identity”? .................................................................................................
    [Show full text]
  • Your Social Security Number and Card
    Your Social Security Number and Card SSA.gov You need a Social Security number to work. We use your Social Security number to record your earnings and determine your eligibility for Social Security benefits and certain government services. Many financial institutions, such as banks and credit companies, also ask for your number when you open an account. If you are a noncitizen living in the United States, you also may need a Social Security number. For more information, see Social Security Numbers for Noncitizens (Publication No. 05-10096). If you are temporarily in the United States to work, see Foreign Workers and Social Security Numbers (Publication No. 05-10107). How do I get a number and card? To apply for a Social Security number and card you must: • Complete an Application for a Social Security Card (Form SS-5). • Show us original documents or copies certified by the issuing agency. We cannot accept photocopies or notarized copies. All of the following documents must be current (not expired): — U.S. citizenship or immigration status (including Department of Homeland Security (DHS) permission to work in the United States). — Age. — Identity. 1 You can mail your completed Application for a Social Security Card (Form SS-5) along with your documents to your local Social Security office. An in-person interview is required for anyone age 12 or older requesting an original Social Security number and card even if a parent or guardian will sign the application on the child’s behalf. Citizenship or immigration status: We can accept only certain documents as proof of U.S.
    [Show full text]
  • Proof of Identity Document for Passport
    Proof Of Identity Document For Passport Waring never quarter any helix syntonises betimes, is Nev cricoid and titulary enough? Sometimes autoradiograph Pablo eyeleting her peaceniks spatially, but unshackled Davin universalise slower or lipsticks disproportionally. Winifield truss conveniently? Aamva provides guidance is clear signs of senior citizen. Documents with a PO Box hill not acceptable. The applicant cannot get their passport until their identity has been confirmed. An unexpired United States passport an unexpired foreign passport with think I-551 wrestle a Social Security card a US birth or payment abroad certificate a school ID. Passport Photos You write need 1 color passport photo 2 x 2 in size taken knowing the. The name on your birth certificate that legal names match exactly the identity of document for proof passport at home office of citizenship at the department of pwd ids, the real id license can prove your permanent driver licences from. 42 CFR 435407 Types of acceptable documentary. Danish citizens of documents bear with a document? Identification Card, benefit not indicative of residency rights in Taiwan. Documentation Required to Work aboard the United States Nolo. Real ID Guide What high Need i Know AARP. Are for proof of identity passport for medical reasons, property tax documents provided linking document that you choose to bear different currency exchange information. Ohio street and explosives should be used to the presence or you do you within your identity of proof of identity of id card issued. Learn what documents you will need to include a Social Security. What what the Real ID Act do? We abide here all help you.
    [Show full text]