If You Applied In The U.S. For A Passport Between April 8, 2003 And August 14, 2009 And Your Birth Certificate Was Registered Or Filed In Texas By A Midwife Or Other Birth Attendant And You Received A Letter From The State Department Stating That Your Passport Application Was “Filed Without Further Action,” “Abandoned,” Or “Closed,” or You Were Not Issued A Decision On An Application Filed Prior To September 15, 2008, Your Rights May Be Affected By A Class Action Settlement.
A class action settlement was reached in a class action lawsuit filed against the U.S. Secretary of State, Managing Director, Passport Services Directorate, the United States of America and others (collectively “Defendants”) in the United States District Court for the Southern District of Texas (styled Castelano, et al. v. Clinton, et al., Civil Action Case No. CA M‐08057) alleging that the U.S. State Department improperly processed the passport applications of persons whose births were assisted by midwives or birth attendants in Texas and along the U.S./Mexico border, according to the U.S. State Department Midwife & Birth Attendant Passport Class Action Settlement Notice.
The U.S. State Department midwife & birth attendant passport class action settlement reportedly provides, among other things, that those who qualify as class members may re‐apply for a passport without paying the passport application fee (currently $75), as long as they complete the claim submission process within the proper deadlines. Settlement class members may also avoid paying the $25 passport execution fee if they reapply at a Passport Agency/Center or at one of the five temporary mobile units the State Department will provide in southern Texas.
To determine if you are eligible to be a class member in the passport class action settlement, complete the online qualification and registration form.
The passport class action settlement notice provides that persons will not qualify for the settlement if:
- They have been issued a passport;
- They were sent a letter by the State Department denying their application;
- They have a pending application which was filed on or September 15, 2008;
- They filed or re‐filed their application in another country;
- They lost an action for a declaration of US nationality;
- Their application was classified as “filed without further action” or “abandoned” or “closed” based upon one of several reasons set forth under the passport regulations for supporting denial of a passport such as being the subject of an outstanding federal, state, or local felony warrant for arrest, or failure to pay a repatriation loan to the United States. For a complete list of all such reasons see federal regulation 22 C.F.R. §§ 51.60 and 51.61; or
- Their application was rejected because of: No photographs or bad photographs; No payment of fees or the failure to pay the proper amount of fees; No signature or a bad signature; No identification or use of improper identification; An incomplete application form; They did not apply in person; Their birth certificate was filed more than one year after their birth.
For more information on the U.S. State Department midwife & birth attendant passport class action lawsuit settlement and potential settlement benefits, and/or for updates on the settlement, visit the State Department’s class action settlement website:
www.travel.state.gov/passport
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