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Matthew Kolken on Deportation And Removal

U.S. Citizen Deported despite production of valid Birth Certificate

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I just read a Houston Chronicle news story about 19-year-old Luis Alberto Delgado, a United States citizen born in Houston's Ben Taub Hospital, who was deported despite the fact that he provided them with a valid birth certificate, social security card, and government issued photo identification.

The article reports that Border Patrol
agents detained Delgado after a routine traffic stop in South Texas and interrogated him for eight hours.  While detained Delgado produced definitive proof of his citizenship, but that wasn't good enough for the Immigration Officers because his English wasn't perfect. 

Ultimately, Mr. Delgado relented and "signed paperwork" because he just didn't want to be in immigration custody any longer.  Delgado was exiled for 85 days before U.S. Customs and Border Protection cleared him for return. 

What the government has done to Mr. Delgado, a 19-year-old kid, is lock him up and tell him that he holds the key to his own cage.  All he had to do was sign away his life, and his freedom would be his again.  Whatever happened to due process?

What I find most annoying about this story is that the U.S. government
maintains the burden of proof to establish that an individual is not a
United States citizen should they wish to remove them from the United
States.  The law clearly indicates that an individual does not have to
first prove that he or she has a valid claim to citizenship to avoid
deportation.  It is the government's obligation to prove otherwise, which Mr. Delgado
rendered impossible due to the affirmative production of definitive
proof of his United States citizenship.

The reality is that the Government is permitted to ignore the law completely, and bully children into signing off on their own deportation.  They are given this license because oftentimes there is almost no accountability for government incompetence.  

How many more United States citizens need to be deported before the Government cleans up its act?

One would be too many for me.

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Comments

  1. Melanie's Avatar
    Great, deporting people who shouldn't be deported, but not deporting thousands of people who should be? Good job guys.
  2. Lea Reiter's Avatar
    You'd think this sort of horror would end under an Obama administration. So much for "change".
  3. Fred Arcala's Avatar
    Now some Republicans want to repeal the 14th amendment? As an anchor baby myself, I can't say I would agree with this. Keep fighting the good fight, Matt!

    Fred
  4. John Wheat Gibson, Sr.'s Avatar
    What is most disgusting is that the US District, Appeals, and Supreme Courts will throw out Delgado's constitutional tort claims on the idiotic pretext of "qualified immunity." If the scum who work for the BCBP had to pay damages for their illegal, racist sadism, they would think twice about breaking the law.
  5. Leavingthisplacetothemorons's Avatar
    More and more I am convinced that there is a DHS/ICE/CBP hiring coordinator at every aryan nation rally. Assume, for the sake of argument, these racists get their way and deport every foreign-born or 2nd generation American who isn't white. What's next on the homeland security agenda?
  6. Elsa Gonzales's Avatar
    You neglected to mention that but for the pro bono work of Isaias Torres, Mr. Delgado would still be in Mexico. That's who should be thanked.
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