Deportation of Americans from the United States

Deportation of Americans from the United States refers to the involuntary removal of U.S. citizens or nationals, for example upon conviction of a common crime in the United States.[1][2][3][4] Such deportation entitles Americans to seek damages, which may include immigration benefits and/or money, in the form of injunctive relief under the Federal Tort Claims Act (FTCA) and Bivens v. Six Unknown Named Agents.[5][6][7][8][9] Some Americans have been placed in immigration detention centers to be deported but were later released.[10][11][12][13][14][15][16] "Recent data suggests that in 2010 well over 4,000 U.S. citizens were detained or deported as aliens".[17][18]

Americans physically removed from the United States
Further information: Deportation of Afghan refugees from the United States, deportation of Cambodian refugees from the United States, and list of people deported or removed from the United States

A number of Americans have been placed in immigration detention centers to be deported but were later released.[10][11][12][13][14][15][16] Up to one percent of all those detained in immigration detention centers are United States citizens according to research by Jacqueline Stevens, a professor of political science at Northwestern University.[19]

The following is an incomplete list of Americans who have actually experienced deportation from the United States:

  • Pedro Guzman, born in the State of California, was physically deported from the United States in 2007 but returned several months later by crossing the border. He was finally compensated in 2010 by receiving $350,000 from the government.[20]
  • Mark Daniel Lyttle, born in the State of North Carolina, was physically deported from the United States but later returned and filed a money damages lawsuit in federal court, which he ultimately won.[1][5]
  • Andres Robles Gonzalez, derived U.S. citizenship through his American father before being deported. He was returned to the United States and filed a money damages lawsuit in federal court, which he ultimately won.[2][21]
  • Emilio Blas Olivo, born in Weslaco, Texas.[3]
  • Lorenzo Palma was detained in Houston, Texas for over a year.[22]
  • Roberto Dominquez was born in Lawrence, Massachusetts, by law making him a citizen. He was deported, though, for ten years to the Dominican Republic. The government will not concede the issue, claiming that there are two people going by the same name, born during the same month and year. However, according to the government, both children were born to parents with the same addresses, but the US government believes one child being born Santo Domingo.[23]
  • Esteban Tiznado was born in Mexico to a father who held a birth certificate from the state of Arizona, but courts have dispute the authenticity of his father's place of birth, due to it being issued years later.[24] Tiznado was found Not Guilty of illegal reentry into the United States in 2008, but Immigration and Customs Enforcement still deported him despite the verdict. Documents were uncovered that Citizen and Immigration Services withheld in the 1980's, showing his proof of citizenship.[25]

See also

References

This article in most part is based on law of the United States, including statutory and latest published case law.

  1. Finnegan, William (April 29, 2013). "The Deportation Machine". The New Yorker. Retrieved October 14, 2018. A citizen trapped in the system.
  2. Stevens, Jacqueline (June 2, 2015). "No Apologies, But Feds Pay $350K to Deported American Citizen". LexisNexis. Retrieved October 8, 2018.
  3. Olsen, Lise (August 2, 2017). "Hundreds of American citizens end up in deportation proceedings each year, immigration data shows". The New Yorker. Retrieved October 15, 2018. Hundreds targeted each year despite documents, claims, court data show
  4. "Some citizens being held as illegal immigrants". NBC News. Associated Press. April 13, 2009. Retrieved October 14, 2018. Dozens of Americans have been locked up or thrown out over past 8 years
  5. Lyttle v. United States, 867 F.Supp.2d 1256, 1270 (M.D. Ga. 2012)
  6. Jennings v. Rodriguez, 583 U.S. ___, 138 S.Ct. 830, 851 (2018); Wheaton College v. Burwell, 134 S.Ct. 2806, 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); Lux v. Rodrigues, 561 U.S. 1306, 1308 (2010); Correctional Services Corp. v. Malesko, 534 U.S. 61, 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); Alli v. Decker, 650 F.3d 1007, 1010-11 (3d Cir. 2011) (same); Andreiu v. Ashcroft, 253 F.3d 477, 482-85 (9th Cir. 2001) (en banc) (same); see also 8 U.S.C. § 1326(d) ("Limitation on collateral attack on underlying deportation order").
  7. 18 U.S.C. §§ 241–246 et seq.; United States v. Lanier, 520 U.S. 259, 264 (1997) ("Section 242 is a Reconstruction Era civil rights statute making it criminal to act (1) 'willfully' and (2) under color of law (3) to deprive a person of rights protected by the Constitution or laws of the United States."); United States v. Acosta, 470 F.3d 132, 136 (2d Cir. 2006) (holding that 18 U.S.C. §§ 241 and 242 are both "crimes of violence"); see also 42 U.S.C. §§ 1981–1985 et seq.; Rodriguez v. Swartz, 899 F.3d 719 (9th Cir. 2018) ("A U.S. Border Patrol agent standing on American soil shot and killed a teenage Mexican citizen who was walking down a street in Mexico."); Ziglar v. Abbasi, 582 U.S. ___ (2017) (mistreating immigration detainees); Hope v. Pelzer, 536 U.S. 730, 736-37 (2002) (mistreating prisoners).
  8. Singh v. USCIS, 878 F.3d 441, 443 (2d Cir. 2017) ("The government conceded that Singh's removal was improper.... Consequently, in May 2007, Singh was temporarily paroled back into the United States by the Attorney General...."); Orabi v. Att’y Gen., 738 F.3d 535, 543 (3d Cir. 2014) ("The judgment of the BIA will therefore be reversed, with instructions that the Government... be directed to return Orabi to the United States ...."); Avalos-Palma v. United States, No. 13-5481 (FLW), 2014 WL 3524758, p.3 (D.N.J. July 16, 2014) ("On June 2, 2012, approximately 42 months after the improper deportation, ICE agents effectuated Avalos-Palma's return to the United States."); In re Vikramjeet Sidhu, A044 238 062, at 1-2 (BIA Nov. 30, 2011) ("As related in his brief on appeal, the respondent was physically removed from the United States in June 2004, but subsequently returned to this country under a grant of humanitarian parole.... Accordingly, the proceedings will be terminated.") (three-member panel).
  9. Khalid v. Sessions, 904 F.3d 129, 131 (2d Cir. 2018) ("[Petitioner] is a U.S. citizen and the Department of Homeland Security (DHS) must terminate removal proceedings against him."); Jaen v. Sessions, 899 F.3d 182, 190 (2d Cir. 2018) (same); Anderson v. Holder, 673 F.3d 1089, 1092 (9th Cir. 2012) (same); Dent v. Sessions, 900 F.3d 1075, 1080 (9th Cir. 2018) ("An individual has third-party standing when [(1)] the party asserting the right has a close relationship with the person who possesses the right [and (2)] there is a hindrance to the possessor's ability to protect his own interests.") (quoting Sessions v. Morales-Santana, 582 U.S. ___, ___, 137 S.Ct. 1678, 1689 (2017)) (internal quotation marks omitted); Gonzalez-Alarcon v. Macias, 884 F.3d 1266, 1270 (10th Cir. 2018); Hammond v. Sessions, No. 16-3013, p.2-3 (2d Cir. Jan. 29, 2018) ("It is undisputed that Hammond's June 2016 motion to reconsider was untimely because his removal order became final in 2003.... Here, reconsideration was available only under the BIA's sua sponte authority. 8 CFR 1003.2(a). Despite this procedural posture, we retain jurisdiction to review Hammond's U.S. [nationality] claim."); accord Duarte-Ceri v. Holder, 630 F.3d 83, 87 (2d Cir. 2010) ("Duarte's legal claim encounters no jurisdictional obstacle because the Executive Branch has no authority to remove a [national of the United States]."); see also Yith v. Nielsen, 881 F.3d 1155, 1159 (9th Cir. 2018) ("Once applicants have exhausted administrative remedies, they may appeal to a district court."); 8 U.S.C. § 1447(b) ("Request for hearing before district court").
  10. Rosenberg, Eli (January 16, 2019). "A Latino Marine veteran was detained for deportation. Then ICE realized he was a citizen". The Washington Post. Retrieved January 21, 2019.
  11. Mindock, Clark (December 5, 2018). "Philadelphia-born US citizen detained by ICE and threatened with deportation to Jamaica". The Independent. Retrieved January 21, 2019.
  12. "ICE held an American man in custody for 1,273 days. He's not the only one who had to prove his citizenship". Paige St. John and Joel Rubin. Los Angeles Times. September 17, 2018. Retrieved October 15, 2018.
  13. "You Say You're An American, But What If You Had To Prove It Or Be Deported?". National Public Radio (NPR). December 22, 2016. Retrieved October 15, 2018.
  14. Hoffman, Meredith (March 8, 2016). "The US Keeps Mistakenly Deporting Its Own Citizens". news.vice.com. Retrieved October 15, 2018.
  15. Stanton, Ryan (May 11, 2018). "Michigan father of 4 was nearly deported; now he's a U.S. citizen". www.mlive.com. Retrieved October 16, 2018.
  16. Sakuma, Amanda (October 24, 2014). "Lawsuit says ICE attorney forged document to deport immigrant man". MSNBC. Retrieved October 20, 2018.
  17. Stevens, Jacqueline (September 22, 2011). "Virginia Journal of Social Policy & the Law" (PDF). jacquelinestevens.org. p. 608. Retrieved October 15, 2018.
  18. "UNITED STATES CITIZENS IN DEPORTATION PROCEEDINGS". Northwestern University. 2017. Retrieved October 15, 2018.
  19. Raney, Adam (June 15, 2014). "When the US deports its own citizens". Aljazeera. Retrieved December 4, 2020.
  20. "Peter Guzman and Maria Carbajal v. United States, CV08-01327 GHK (SSx)" (PDF). U.S. District Court for the Central District of California (CDCA). www.courtlistener.com. June 7, 2010. p. 3. Retrieved October 20, 2018.
  21. Yu Hsi Lee Ju, Esther (June 4, 2015). "What One Man Did When He Was Accidentally Deported To Mexico". ThinkProgress. Retrieved October 8, 2018.
  22. "US Citizens Detained and Deported: Deportation Research Clinic - Northwestern University". deportation-research.buffett.northwestern.edu. Retrieved December 4, 2020.
  23. "US Citizens Detained and Deported: Deportation Research Clinic - Northwestern University". deportation-research.buffett.northwestern.edu. Retrieved December 4, 2020.
  24. Raney, Adam. "When the US deports its own citizens". www.aljazeera.com. Retrieved December 4, 2020.
  25. "US Citizens Detained and Deported: Deportation Research Clinic - Northwestern University". deportation-research.buffett.northwestern.edu. Retrieved December 4, 2020.
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