Government-issued photo identification cards are critical documents for individuals seeking services, employment, substance abuse treatment, housing and even access to buildings. Since 9/11, Department of Homeland Security rules require persons to present a birth certificate and Social Security card in order to obtain state-issued photo identification. At the same time, vital records departments throughout the country and the Social Security Administration require applicants for birth records and Social Security cards to present a valid state-issued photo ID. While a limited range of alternative documents may be substituted, these generally require proof of residence, leaving homeless men and women with an insurmountable impediment when they lose their identification documents as a result of their homelessness.
Having recognized the challenges that homeless individuals and others may face in accessing their birth records—the first step in securing a state-issued photo ID—jurisdictions throughout the country enable attorneys to secure birth records on behalf of their clients without documentary proof of the client’s identity or address. This “attorney protocol” is acceptable to every birth certificate-issuing authority in the United States, except one: New York City. Unlike New York state, New Jersey, Pennsylvania, Delaware, Maryland, Washington, D.C., and virtually all other jurisdictions, New York City refuses to honor birth certificate requests through the attorney protocol unless the individual named on the birth record presents a current, government-issued photo ID or two documents proving residence. Unable to secure birth records for HAP clients born in New York City, but experiencing homelessness in Philadelphia, HAP has filed suit against New York City, alleging that NYC’s failure to issue birth certificates for its clients violates the substantive and procedural due process clauses of the 14th Amendment.
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