U.S. Wrongfully Arrests, Even Deports Citizens, But How Many?

Immigration Law

U.S. Wrongfully Arrests, Even Deports Citizens, But How Many?

Posted Feb 14, 2008, 02:55 pm CDT
By Martha Neil

A top immigration official admitted in congressional testimony yesterday that the U.S. has detained American citizens on mistaken claims that they are illegal immigrants, but says this is "extremely" rare.

However, a McClatchy Newspapers investigation suggests that the problem may be more widespread: A 2006 study and anecdotal accounts indicate that this may have happened to well over 100 citizens, at least. (As discussed in an earlier ABAJournal.com post, the Miami Herald reported this week that an innocent man mistakenly extradited from Texas to Florida was subsequently held for deportation proceedings—even though he is a U.S. citizen—until the newspaper intervened.)

Meanwhile, other citizens say they are being aggressively questioned by armed immigration agents as they go about their day-to-day affairs, doing nothing wrong, according to testimony yesterday before the House Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law.

The subcommittee's chair, Rep. Zoe Lofgren, D-Calif., expressed concern that an "overzealous government is interrogating, detaining and deporting its own citizens," but the ranking minority member of the committee, Rep. Steven King, R-Iowa, described such cases as rare. The federal Immigration and Customs Enforcement agency has detailed some 1 million illegal immigrants in the past four years.

It is difficult for detained immigrants to prove their citizenship, because they have no right to legal counsel, and most represent themselves, the McClatchy article says.

Additional coverage:

McClatchy Newspapers: "Immigration officials detaining, deporting American citizens"

Arkansas Democrat Gazette: "Suit says county held man illegally for federal agents"

Mathaba News Network: "Civil rights activists seek legal aid for immigrants"

Comments

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Posted by J.D. - 7 months, 4 weeks, 1 day, 12 hours, 58 minutes ago

Well if we actually enforced our border and labor laws, we wouldn’t have anyone in this country in need of deportation in the first place.

Unfortunately, Zoe Lofgren and the rest of her open-border left-wing friends have CREATED the need to deport 12-20 million illegal aliens. That’s a bureaucratic nightmare bound to result in a few mistakes.

If Lofgren wanted to help, she should demand that open-border Bush actually enforce the border, demand that ALL businesses use the E-Verify system, and put an end to illegal alien benefits (drivers licenses, non-emergency health care, tuition breaks, etc.). That would make this country less attractive to people contemplating breaking our laws.

Until then, Lofgren remains part of the problem.
Posted by Anthony Colleluori - 7 months, 4 weeks, 1 day, 10 hours, 47 minutes ago

Zoe Lofgren isn’t the problem JD, You are. The Fact is that 12 million people ARE here and they are going no where. The President offered us a plan to control the flow of immigrants and not further destroy our economy. This isn’t about breaking laws, most of the 12 million follow the law better than some of us born here. This is about the repeated failure of the far right to recognize reality and deal with what is and not what they want it to be. Normal conservatives realize that just building a fence is not going to work (see John McCain) We need a comprehensive plan that will recognize both the here and now and the future.
Posted by Matt - 7 months, 4 weeks, 1 day, 9 hours, 9 minutes ago

Citizens of countries with tamper proof national ID cards seem to have fewer problems proving their citizenship.
Posted by Philip Marcus - 7 months, 4 weeks, 19 hours, 47 minutes ago

Crimes usually have to do with the action (or refusal to act) of the criminal. You can drive illegally fast or make an illegal left. You can possess a controlled substance and thereby become a criminal. Still, being a heroin addict is no a crime, nor I being a bad driver, only driving badly.
Except, you can be a member of a class for which no matter how well you behave you cannot get into the US. Technically the crime is of entering the US without a visa. The reality many people ignore is that the crime is really having been born in a disfavored nation, such as a central or South American nation, and looking like you were, so you can never get a visa. (What CIS agent ever ‘cards’ a tall blue-eyed blond person?)

As long as we have this kind of racism hiding behind ‘respect for the law’ and liberal-baiting, we will have some brave civil rights attorneys willing to help as well as they can. Bravo. Brava.

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