The Obama Administration swears that their deportation program has only captured criminals and sent them back to their home countries. Recently acquired data shows that to be false. Now we’re learning that not only non-criminals have been caught up in the immigration net. So have American citizens:
In a spate of recent cases across the country, American citizens have been confined in local jails after federal immigration agents, acting on flawed information from Department of Homeland Security databases, instructed the police to hold them for investigation and possible deportation [...]
One was (Antonio) Montejano, when a holiday shopping outing on Nov. 5 to a Los Angeles mall with his four children ended badly. After his young daughter begged for a $10 bottle of cologne, Mr. Montejano said, he inadvertently dropped it into a bag of things he had already bought. As he left the store, he was arrested.
With no prior criminal record, Mr. Montejano, 40, expected to post bond quickly at the Santa Monica police station on the misdemeanor charge and go home. He had his driver’s license and other legal identification, but because of an immigration detainer he was denied bail and held even after a criminal court judge canceled his fine and ordered the police to let him go.
Mr. Montejano was freed on Nov. 9 after American Civil Liberties Union lawyers sent Immigration and Customs Enforcement his United States passport and birth certificate.
“I told every officer I was in front of that I’m an American citizen, and they didn’t believe me,” Montejano said.
There are few hard statistics on the number of American citizens held for deportation, but obviously when you get more aggressive about deporting people – as the Obama Administration has, with a record 1.1 million deportations during his tenure – you’re going to get a higher number of incidents like this. And these are wrongful arrests, illegal actions being taken by immigration authorities. It’s far more than just the cost of doing business.
The cases profiled here involved individuals charged on misdemeanors. But we know that represents a minority of those deported. So the likelihood is high that there have been cases of American citizens not convicted of a crime somehow falling into the immigration net and getting scheduled for deportation. In fact, a few of them probably were deported, though ICE claims that they cancel any deportation orders if the individual claims citizenship.
And this, from an ACLU lawyer, is correct: “It’s sort of like the canary in the mine. If those who have the full due process rights of U.S. citizens are being detained, it tells us a lot about potentially unlawful people who do not have those protections.” Exactly. This shows the danger of Secure Communities and the mania over deportation the past few years.




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Where do they deport American citizens to? Just want to know, in case I’m picked up. Do I get to choose a country? Can I choose Hawaii? Africa? Solyndra?
I akm soooo glad you brought that up. That puzzled me too!
But, no offense, you can’t be deported to Hawaii OR New Mexico. As a travel agent for 28 years may I suggest New Zealand, Tahiti, or the Netherlands.
David…..Actually, wouldn’t the correct term be “exportation“?????
Heh,
I was going to respond, but then had to assume it was high humor, since non of the three countries listed were countries.
I’d love to be deported to New Zealand. At least I may finally get an opportunity to partaken in single payer health care.
Seems like they are referring to naturalized US citizens,folks who weren’t born here but became citizens.
Well what’s new I knew after Obama’s first yr,this creep(Obama) was going to be worst than Bush….worst cuz this same Obama railed against some of Bush’s immigration policies to get Latinos to vote for him & once in office everything he campaigned against in the Presidential campaign,he embraced once in the WH.
I was wondering who is going to be the 1st journalist to be put in military detention,now that they are soon going to be able to hold any of us indefinitely.
Rumor is there’s an undocumented Kenyan without a birth certificate running around Washington, DC. INS might want to keep an eye out for him.
Sorry–New Zealand isn’t an option. (Already checked out emigration policy. They’ll be happy to take our tourist dollars, but unless you offer a needed benefit to their country/citizenry, they don’t particularly want you. I suppose if you have unlimited wealth, or offer a Nobel prize in your CV, or are a world-reknown scientist/doctor, your provide a stable benefit; otherwise, it seems their policy is: come visit, but don’t plan on staying.)
If I may……the “new” law will not allow the government to imprison citizens indefinately, only citizens that are “suspected terrorists”.
Oh………… sorry………….I see your point.
New Zealand is really beautiful. Kinda chilly. Temp RARELY gets above 75F. People are nice and speak mostly English.
Funny you should mention it, but I got hurt and was hospitalized for 8 days. Their system is really pretty good. Only drawback is that you don’t get a privste or even semi-private room unless you pay for it. I was their guest, fully paid orthopedic surgery and all, in a four person ward. HOT nurses, much better than here.
Long trip down there though.
Sorry, wasn’t aware of that. They probably especially don;t want people being “exported”. I’d bet anybody in Africa would take us.
Now that the Senate has modified the Defense bill to give the waiver power to Obama rather than the Secretary of War(Defense), I’m sure Obama will sign it into law. Interesting that US citizens can then be legally disappeared just like Argentina in the 1980′s, Chile under Pinochet, and Germany under Hitler. The supreme irony is that Carl Levin (D) is one of the authors of the bill. It’s all part of the instituting of the “Shock Doctrine” and I think I smell a hint of Kissinger, as well.
Wait one. U.S. citizens have “full due process rights” under our laws and other people do not? I was under the impression that due process is for everybody.
So if you are suspected to be Muslim or Latino, no due process rights. I am sure the teabaggers will be all over this violation, and the usual suspects will say the President was forced to deport citizens because of Sarah Palin.
I am on the phone with carl levin’s office and have been informed that this has been ruled on by the scotus and found to be constitutional. Can someone explain to me how this is so.
I apologize for my ignorance, I was born in a free country and woke up in a facist one.
and according to carl levin’s office this is constitutional according to scotus. I am repeating myself in total disbelief.
Sure, I’m not the only one uncomfortably reminded of the movie Brazil.
Hoover used the same tactic, worked great for him…
I think Washington DC might work. I guess it’s supposed to be the same country, but the people who live there are clearly on another planet.
Texas.