Increased Care with Identity Documents Advised
And
A Suggested Approach for Unresponsive Government Agencies
Identity documents have become increasingly requested and regulated since 9/11. That trend has accelerated as immigration and gender identity have moved to the forefront of government policy, and government databases have become more integrated and less secure. Those of us working in adoption, parentage, family law, immigration, etc., are involved in the creation and modification of identity documents every day. In response to this new focus, lawyers must increase their attention to the prompt and precise creation or amendment of identity documents.
Identity documents begin with a birth certificate and a social security account, and often also include a driver’s license or Real ID, and a passport. Some people also have immigration documents or benefits cards and professional licenses. And we all appear in many other government databases related to things like payment of taxes, student loans, military service, veterans’ services, and registration for the draft, marriages, divorces, adoptions, property ownership, gun ownership, auto ownership, benefits applications, voting records, crimes, auto accidents, and child abuse.
I advise my clients (friends and family too) to confirm that they have a whole set of current identity documents for each member of their family, on paper and stored electronically, with security protections, of course. I also suggest that they give an extra set of these documents to a trusted person who does not live in their home.
People whose identity documents are destroyed in natural disasters, or whose documents are lost or stolen, find normal life disrupted to an unexpected extent. Replacing documents has become increasingly difficult, particularly without copies of the originals.
It is also important for lawyers and clients to be mindful of the consistency of identity information across the government’s electronic databases. As information is shared between agencies, like when a birth certificate is submitted for a passport, driver’s license, or to the social security office, discrepancies can cause problems that may be difficult to rectify, even with a lawyer. Correcting identity document errors reminds me of trying to correct an error on a credit report. There isn’t much of a path, and if the buck stops anywhere, in the faceless organization or bureaucracy, it is very hard to tell exactly where. There isn’t a law school course in navigating that sort of problem.
The first thing lawyers can do is prevent problems. Lawyers obtaining court orders to create or modify identity documents must ensure prompt, accurate issuance of new or amended documents and consider the consistency of information across a person’s document set and important agency databases. It is easiest to correct an error immediately after the error is made, and not several years later, when a child is about to be enrolled in kindergarten, or the client has an international trip scheduled, for example.
When helping someone with an identity document problem, I start with the website of the government agency primarily responsible for maintaining the information. Many problems can be addressed using information or processes available online. When an online process is available, that is nearly always the easiest approach. It is important to notice the panic in a client’s eyes when you say, “It is easy. Just go to the website.” Some of our less tech-savvy, often older, clients will need a lawyer or paralegal to complete an online process for them.
When there is no online process to address a client’s problem, we need to speak or correspond with a person. And I find reaching a responsive government representative is increasingly difficult at every agency I work with.
I used to write a paper letter when I couldn’t get a response by phone or email, but that is less effective than it once was. I still often try that first. But when normal channels haven’t worked, I call my representative’s office, state or federal, depending on the type of agency I’m trying to reach, and ask them if they would be willing to get me an answer or a call back. If the client lives in a different legislative district than I do, I generally begin with their representative’s office. There are good state and federal websites to identify a representative using the constituent’s address.
Legislative bodies nearly always have designated liaisons for each corresponding administrative agency to help the legislators and their staff assist constituents. And at the federal level, representatives usually have several staff members dedicated to “constituent services,” often each specializing in specific agencies. It isn’t usually necessary to speak directly with the representative for help with an ordinary request. The staff will usually end up with your request anyway, so it is best to explain it directly yourself. When my clients are working on their own and having difficulty getting through to an agency, I give them this same advice. It works equally well for constituents and lawyers calling for constituents. The service is there, and we have all paid for it. We might as well use it.
The next couple of blog posts will stay on the documents theme. Look for posts on recent changes to administrative processes for amending birth certificates.
Be well,
Dawn Coppock
