vendredi 25 janvier 2008

At least when they deported Emma Goldman, they had a reason

A bad reason, but a reason. Poor Thomas Warziniack was guilty only of the crime of Being a Drug User And Probably Mentally Ill While Having A Funny Name -- but it was enough to get him detained in a deportation facility for weeks:

Thomas Warziniack was born in Minnesota and grew up in Georgia, but immigration authorities pronounced him an illegal immigrant from Russia.

Immigration and Customs Enforcement has held Warziniack for weeks in an Arizona detention facility with the aim of deporting him to a country he's never seen. His jailers shrugged off Warziniack's claims that he was an American citizen, even though they could have retrieved his Minnesota birth certificate in minutes and even though a Colorado court had concluded that he was a U.S. citizen a year before it shipped him to Arizona.

On Thursday, Warziniack was told he would be released. Immigration authorities were finally able to verify his citizenship.

"The immigration agents told me they never make mistakes," Warziniack said in a phone interview from jail. "All I know is that somebody dropped the ball."

The story of how immigration officials decided that a small-town drifter with a Southern accent was an illegal Russian immigrant illustrates how the federal government mistakenly detains and sometimes deports American citizens.

U.S. citizens who are mistakenly jailed by immigration authorities can get caught up in a nightmarish bureaucratic tangle in which they're simply not believed.

[snip]

Officials with ICE, the federal agency that oversees deportations, maintain that such cases are isolated because agents are required to obtain sufficient evidence that someone is an illegal immigrant before making an arrest. However, they don't track the number of U.S. citizens who are detained or deported.

"We don't want to detain or deport U.S. citizens," said Ernestine Fobbs, an ICE spokeswoman. "It's just not something we do."

While immigration advocates agree that the agents generally release detainees before deportation in clear-cut cases, they said that ICE sometimes ignores valid assertions of citizenship in the rush to ship out more illegal immigrants.

Proving citizenship is especially difficult for the poor, mentally ill, disabled or anyone who has trouble getting a copy of his or her birth certificate while behind bars.

Pedro Guzman, a mentally disabled U.S. citizen who was born in Los Angeles, was serving a 120-day sentence for trespassing last year when he was shipped off to Mexico. Guzman was found three months later trying to return home. Although federal government attorneys have acknowledged that Guzman was a citizen, ICE spokeswoman Virginia Kice said Thursday that her agency still questions the validity of his birth certificate.

Last March, ICE agents in San Francisco detained Kebin Reyes, a 6-year-old boy who was born in the U.S., for 10 hours after his father was picked up in a sweep. His father says he wasn't permitted to call relatives who could care for his son, although ICE denies turning down the request.

The number of U.S. citizens who are swept up in the immigration system is a small fraction of the number of illegal immigrants who are deported, but in the last several years immigration lawyers report seeing more detainees who turn out to be U.S. citizens.


(h/t: He Who Must Not Be Named)

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