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Deportation of Americans from the United States

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Deportation of Americans from the United States is the wrongful[1] expulsion, return or extradition of Americans to other countries, often after being convicted of a crime.[2][3][4][5] These individuals in removal proceedings include Americans by birth and legal immigrants that were naturalized under 8 U.S.C. § 1427 or admitted as nationals of the United States under the Child Citizenship Act of 2000.[6][7][8][9][10][11][12] A U.S. citizen cannot legally be deported, and thus can return to the United States at any time.[13][14]

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Some have been placed in immigration detention centers to be deported but were later released.[15][16][17] "Recent data suggests that in 2010 well over 4,000 U.S. citizens were detained or deported as aliens".[18][19]

Under 8 CFR 239.2, any officer mentioned in 8 CFR 239.1 may at any time, inter alia, cancel a "notice to appear" against any person who: (1) turns out to be a national of the United States; or (2) one that is not removable under the Immigration and Nationality Act (INA). And under 8 CFR 1239.2, any Immigration Judge may terminate the removal proceeding of any person who turns out to be a national of the United States or one that is not removable under the INA.[20] A "notice to appear" that contains material false information (and/or omits a material fact) legally makes the entire removal proceeding void ab initio.

Statutory, regulatory and judicial relief

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A forceful and illegal deportation from the United States entitles the victim to seek judicial relief. The relief may include a declaratory judgment with an injunction issued against the Attorney General or the Secretary of Homeland Security requesting appropriate immigration benefits and/or damages under the Federal Tort Claims Act (FTCA) as well as under Bivens v. Six Unknown Named Agents.[13]

Physically removed Americans from the United States

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A number of Americans have been placed in immigration detention centers to be deported but were later released.[15][16] Up to one percent of all those detained in immigration detention centers are nationals of the United States according to research by Jacqueline Stevens, a professor of political science at Northwestern University.[21]

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 forcefully removed to Mexico in 2007 but returned several months later by crossing the Mexico–United States border. He was finally compensated in 2010 by receiving $350,000 from the government.[22]
  • Mark Daniel Lyttle, born in the State of North Carolina, was forcefully removed to Mexico but later returned to the United States from Guatemala and filed a damages lawsuit in federal court,[13] which he ultimately won.[2]
  • Andres Robles Gonzalez derived U.S. citizenship through his U.S. citizen father before being forcefully removed to Mexico. He was returned to the United States and filed a damages lawsuit in federal court, which he ultimately won.[3][23]
  • Roberto Dominquez was born in Lawrence, Massachusetts. He was deported to the Dominican Republic. The government is unconvinced in this case as it claims that there are two people by the same name, both born during the same month and year. According to the government, both children were born to parents with the same addresses, and that one child was born in Santo Domingo, the capital of the Dominican Republic.[24]
  • Esteban Tiznado-Reyna was born in Mexico to a father who had an Arizona birth certificate, which was found unreliable in an immigration court.[25] Tiznado was found not guilty of illegal reentry into the United States in 2008, but ICE still deported him despite the verdict. Documents were uncovered that the USCIS withheld in the 1980s, showing his proof of citizenship.[24]

See also

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Notes and references

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  1. ^ "Can a US Born Citizen Be Deported?". JacksonWhite Immigration Law. June 26, 2019. Retrieved December 29, 2021.
  2. ^ a b Finnegan, William (April 29, 2013). "The Deportation Machine". The New Yorker. Retrieved October 14, 2018. A citizen trapped in the system.
  3. ^ a b Stevens, Jacqueline (June 2, 2015). "No Apologies, But Feds Pay $350K to Deported American Citizen". LexisNexis. Retrieved October 8, 2018.
  4. ^ 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
  5. ^ "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
  6. ^ "Immigration Library: Court Decisions". Greenberg Traurig. January 28, 2002. Retrieved September 30, 2021. Although the INS appears to have taken the position that the act is not retroactive, the language of the CCA's and Congress' intent have not yet been universally determined, and there may still be room for individuals to continue arguing in favor of its retroactive application....
  7. ^ "U.S. citizen mistakenly put in deportation proceedings finally returns to America". NBC News. February 4, 2020. Retrieved September 28, 2021.
  8. ^ "First Cambodian to return after deportation inspires others after gaining U.S. citizenship". NBC News. July 16, 2020. Retrieved September 28, 2021.
  9. ^ "The first Cambodian deportee to return to the U.S. just became a citizen in Sacramento". The Sacramento Bee. July 3, 2020. Retrieved September 28, 2021. But what he's most looking forward to is getting a passport. Once the danger of the coronavirus pandemic subsides, he'll be on a plane. He'll even go back to Cambodia, just to remember and reflect on what he's been through.
  10. ^ "Cambodian refugee who advocates say was wrongly deported returns to U.S." NBC News. February 28, 2020. Retrieved September 28, 2021.
  11. ^ Thornton, Kelly (April 16, 2004). "Afghan immigrant sentenced to time served". The San Diego Union-Tribune. Archived from the original on October 3, 2018. Retrieved October 1, 2021. Man also will lose his U.S. citizenship
  12. ^ Medina, Daniel A. (August 12, 2018). "Adopted and Undocumented". The Intercept. Retrieved September 30, 2021.
  13. ^ a b c "Lyttle v. United States, 867 F. Supp. 2d 1256". U.S. District Court for the Middle District of Georgia. Harvard Law School. March 31, 2012. p. 1269.
  14. ^ 8 U.S.C. § 1503 ("Denial of rights and privileges as national")
  15. ^ a b "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.
  16. ^ a b Hoffman, Meredith (March 8, 2016). "The US Keeps Mistakenly Deporting Its Own Citizens". news.vice.com. Retrieved October 15, 2018.
  17. ^ 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.
  18. ^ Stevens, Jacqueline (September 22, 2011). "Virginia Journal of Social Policy & the Law" (PDF). jacquelinestevens.org. p. 608. Retrieved October 15, 2018.
  19. ^ "UNITED STATES CITIZENS IN DEPORTATION PROCEEDINGS". Northwestern University. 2017. Retrieved October 15, 2018.
  20. ^ "Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462". Attorney General. U.S. Dept. of Justice. September 18, 2018. Immigration judges may dismiss or terminate removal proceedings only under the circumstances expressly identified in the regulations, see 8 C.F.R. § 1239.2(c), (f), or where the Department of Homeland Security fails to sustain the charges of removability against a respondent, see 8 C.F.R. § 1240.12(c).
  21. ^ Raney, Adam (June 15, 2014). "When the US deports its own citizens". Aljazeera. Retrieved December 4, 2020.
  22. ^ "Peter Guzman and Maria Carbajal v. United States, CV08-01327 GHK (SSx)" (PDF). U.S. District Court for the Central District of California. www.courtlistener.com. June 7, 2010. p. 3. Retrieved October 20, 2018.
  23. ^ Yu Hsi Lee Ju, Esther (June 4, 2015). "What One Man Did When He Was Accidentally Deported To Mexico". ThinkProgress. Retrieved October 8, 2018.
  24. ^ a b "US Citizens Detained and Deported: Deportation Research Clinic - Northwestern University". deportation-research.buffett.northwestern.edu. Retrieved December 4, 2020.
  25. ^ Raney, Adam. "When the US deports its own citizens". www.aljazeera.com. Retrieved December 4, 2020.
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