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Greg Siskind on Immigration Law and Policy

OVERZEALOUS IMMIGRATION OFFICIALS DEPORTING US CITIZENS

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I've posted on this subject before, but it bears reminding policymakers that this is not a made up problem.

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Comments

  1. Another no-longer waitin's Avatar
    Greg, would you please explain whatever happened to the presumption of innocence when it comes to ICE? Why is the burden of proof on the people ICE detains rather than on ICE? It is clear such people are treated even worse than criminals in a number of instances - then why are they not given the same legal rights as criminals?
  2. Grace's Avatar
    This happens all the time. A friend of mine was a public defender, and she often would find her clients still in jail with "immigration holds" after she got the charges dismissed - including individuals born in Puerto Rico. When I tell people that you have no right to counsel in immigration custody, and you have to hope that you get a pro bono attorney or have funds to hire one of your own, they don't believe me.

    I don't have a copy of my birth certificate from Ohio, and millions of other Americans don't have their birth certificates. If I didn't have a US passport, I would have a hard time "proving" that I am a citizen. Keeping people in custody until ICE gets around to verifying their birth status is absurd, particularly because ICE has no authority to detain US citizens.

    Also, the comments being left on that article are scary to read. Simply because the reporter truthfully reported on ICE errors in detaining and attempting to deport US citizens (and primarily US born citizens at that) most of the commenters are railing against the slant of the article, and claiming that this is somehow "pro illegal".
  3. Legal and no longer waiting's Avatar
    "We have to be careful we don't release the wrong person," she said.
    ----

    How about being careful so you don't detain the wrong person? Apparently, this is not a priority.
  4. JoeF's Avatar
    "whatever happened to the presumption of innocence"

    With immigration, you are guilty until you show different.
    That's fundamentally broken.
  5. Another voice's Avatar
    State and Local governments do this all the time, specially the ones trying to enforce Immigration laws. They detain people for local violations and put an Immigration Hold even if people make bail they do not get release. A lot of people pay the bail to bonding companies just so 10 minutes later find out that they are not getting out. Bonding companies are making bank off of this problem.
  6. hmm's Avatar
    I just wish jailing/deporting US citizens on immigration grounds would happen more often. A few thousands cases a year including a some high profile people could really turn this around. You see most Americans are with okay with how people are treated by the ICE. I wish they could feel the heat. I am not trying to be nasty. My point is that discriminating immigrants is okay in the country, but harm to US citizens really grabs people's attention.

  7. kalifornian's Avatar
    This reminds me of the FBI namecheck on innocent immigrant applicants, which takes years to complete ( apparently , quickly completing the background check and making sure that the immigrants in US is good is not FBIs priority ! ).
  8. Sean Patrick's Avatar
    Civil Society Helps (civilsocietyhelps.org) helps perpetuate fraud against U.S. citizens. The courts in Minnesota are ill equipped and uninformed about the immigration fraud these kinds of groups promote. See http://www.marthasullivanlaw.com

    With false accusations from an immigrant residency seeker and the help of VAWA laws, a stable American citizen can be reduced to living in poverty. All of your assets can be seized and given to the immigrant residency seeker even if you are not found guilty. You will immediately be forced to surrender a portion of your income to the immigrant residency seeker. The courts will order you to turn your motor vehicle over to the immigrant residency seeker even if the car is in your name and the residency seeker does not have a drivers license. Your illegal immigrant spouse becomes legal and you become illegal. The court system will abuse you and strip you of your rights while social programs that promote immigration fraud thrive.

  9. Elena Katz's Avatar
    I had been illegally detained by ICE for 2 months on false allagations that I am an "illegal Allen".
    I am and had been a naturalized US Citizen for 22 years
    The allegations of me being illegal citizen was made in retaliation against me by The State of New Hamshire partries for me bringing Civil rights actions against them.
    I would like to file a class action suits against such illegal detention, and most importanct, disrimination against me, based on my national origin, by parties who made a false report against me, in attamt to cover up illegal actions agaonst my family.
    "The land of the free and the Home of the Brave?" Not really. This is brazen abuse of Civil rights,E.K/
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