As Jaime Diez, a lawyer in Brownsville, Texas who works on such cases, puts it:
Maybe 2% of my cases I have found out that the person was not born here. All of the
others were born here. So what’s the benefit in taking someone who was a teacher,
whose parents by mistake and without that person’s participation decided to do
something that’s incorrect, which is registering somebody who was not born here as
if he had been born here. You find out when you’re 40 that everything that you have
done, including your education, is worthless because you were not born here and all
your documentation is fraudulent. What is the benefit of finding out for that person
that he was not born here? Well, you’re pretty much destroying his life. I don’t see
what’s the benefit of it. But to spend all the money, all the resources they are
spending—I really would like to know how much money the Department of State has
spent in defending and prosecuting these cases.
U.S. Citizens Detained under Secure Communities and Similar Programs
Since the DHS and FBI databases (IDENT and NGI) were linked under the Secure
Communities program (2008-2014), thousands of U.S. citizens, legal permanent residents,
and authorized immigrants have been mistakenly held under ICE detainers for suspected
immigration law violations.602 Officials charged with implementing immigration database
checks under this program operate from flawed database records and the assumption that if an
individual has no record this creates probable cause to issue a detainer. More likely than not,
the lack of a record in an immigration database is an indicator that the individual concerned is
a U.S. citizen, but since the program is designed to root out “criminal aliens,” the absence of a
record is condemning.
Local officers are often unable to tell if the detainee is a citizen based on evidence presented to
them.603 While federal policies require ICE agents to “carefully and expeditiously” investigate
any claim of U.S. citizenship made by an arrested individual,604 there have been cases where
ICE officers refuse to consider the arrested person’s passport or citizenship certificate as
evidence of citizenship, which in some cases has led to suits for false imprisonment.605
An April 2018 Los Angeles Times article captured examples of such detentions:
Victims include a landscaper snatched in a Home Depot parking lot in Rialto and
held for days despite his son’s attempts to show agents the man’s U.S. passport; a
New York resident locked up for more than three years fighting deportation efforts
after a federal agent mistook his father for someone who wasn’t a U.S. citizen; and a
Rhode Island housekeeper mistakenly targeted twice, resulting in her spending a
night in prison the second time even though her husband had brought her U.S.
passport to a court hearing.606
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UNMAKING AMERICANS
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