Immigration Law

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

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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”

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