The national security concerns raised by the investigation are based on Hawaii Revised Statute 338.17.8. which states:
338-17.8 Certificates for children born out of state.
Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.
Arpaio and his investigators said they have deep concerns that the Hawaii Revised Statute is a loophole that makes it possible for foreign born children to illegally establish U.S. citizenship.
They said the concern is also relevant given the recent U.S. Supreme Court ruling concerning Arizona’s proposed state immigration law, SB 1070, in which the federal court ruled state laws cannot be in contradiction or in conflict with federal law.
Zullo noted that, normally, when it’s necessary to prove a person is a U.S. Citizen, the main form of documentation is a state certificate of birth.
“It appears that in the case of Hawaii law, any person can obtain a birth certificate if any adult or their parents can prove that they resided in Hawaii for one year and paid taxes,” he said. “There is no requirement to show that the child itself was actually born in Hawaii or on U.S. soil.”