Thread: Citizens Held As Illegal Immigrants

Months-long AP Investigation Finds 55 Cases; More Suspected

POSTED: 2:55 pm MST April 12, 2009


Pedro Guzman has been an American citizen all his life. Yet in 2007, the 31-year-old Los Angeles native -- in jail for a misdemeanor, mentally ill and never able to read or write -- signed a waiver agreeing to leave the country without a hearing and was deported to Mexico as an illegal immigrant.

Watch: AP Impact: US Citizens Sent To Immigration Jails

For almost three months, Guzman slept in the streets, bathed in filthy rivers and ate out of trash cans while his mother scoured the city of Tijuana, its hospitals and morgues, clutching his photo in her hand. He was finally found trying to cross the border at Calexico, 100 miles away.

These days, back home in California, "He just changes from one second to another. His brain jumps back to when he was missing," said his brother, Michael Guzman. "We just talk to him and reassure him that everything is fine and nobody is going to hurt him."

In a drive to crack down on illegal immigrants, the United States has locked up or thrown out dozens, probably many more, of its own citizens over the past eight years. A months-long AP investigation has documented 55 such cases, on the basis of interviews, lawsuits and documents obtained under the Freedom of Information Act. These citizens are detained for anything from a day to five years. Immigration lawyers say there are actually hundreds of such cases.

Watch: Video Essay: American Citizen Jailed As Illegal

It is illegal to deport U.S. citizens or detain them for immigration violations. Yet citizens still end up in detention because the system is overwhelmed, acknowledged Victor Cerda, who left Immigration and Customs Enforcement in 2005 after overseeing the system. The number of detentions overall is expected to rise by about 17 percent this year to more than 400,000, putting a severe strain on the enforcement network and legal system.

The result is the detention of citizens with the fewest resources: the mentally ill, minorities, the poor, children and those with outstanding criminal warrants, ranging from unpaid traffic tickets to failure to show up for probation hearings. Most at risk are Hispanics, who made up the majority of the cases the AP found.

"The more the system becomes confused, the more U.S. citizens will be wrongfully detained and wrongfully removed," said Bruce Einhorn, a retired immigration judge who now teaches at Pepperdine Law School. "They are the symptom of a larger problem in the detention system. ... Nothing could be more regrettable than the removal of our fellow citizens."

Jim Hayes, ICE director of detention and removal, said he is aware of only 10 cases of U.S. citizens detained over the past five years. Even if combined with the cases found by the AP, "that's not an epidemic," Hayes said. He refused to identify any cases, citing privacy laws.

He added that agents investigate any claims to U.S. citizenship, but they often turn out to be false. He said U.S. citizens sometimes claim to be foreign-born, and that immigration officials never knowingly hold someone they can "definitively" determine is a citizen.

It's impossible to know exactly how many citizens have been detained or deported because nobody keeps track. Kara Hartzler, an attorney at the Florence Immigrant and Refugee Rights Project in Arizona, testified at a U.S. House hearing last year that her group alone sees 40 to 50 jailings a month of people with potentially valid claims to citizenship.

"These cases are surprisingly, painfully common," she said.

The nonprofit Vera Institute for Justice found 322 people with citizenship claims in 13 immigration prisons in 2007, up from 129 the year before. That number does not include possible citizens in the nation's more than 300 other immigration prisons.

What is clear is that immigration detentions -- including those of citizens -- have soared in recent years. One reason is a heightened concern for security that arose out of the Sept. 11, 2001, terrorist attacks. Another is a political climate that encouraged a tough stance on illegal immigration, especially after Congress failed to pass immigration reform legislation almost three years ago.

After 2003, the nation launched several programs to detain more immigrants, including one that called on local police and sheriffs for help. Before 2007, just seven state and local law enforcement agencies worked with immigration. By last November, more than 950 officers from 23 states had attended a four-week program on how to root out and jail suspected illegal immigrants.

A Government Accountability Office investigation has since found that ICE did not ensure local officials properly used their authority and failed to collect data to assess the program. As a result, ICE is rewriting agreements with 67 agencies.

The program came under fire partly because it gives local officers so much leeway to decide who to stop. Almost one in 10 Hispanic adults born in the U.S. report that police or other authorities stopped them and asked about their immigration status in 2007, according to a Pew Hispanic Center survey of more than 2,000 people.

The Maricopa County Sheriff's Office is one such agency that has an illegal immigration task force. Under the command of Sheriff Joe Arpaio, deputies, in addition to their regular anti-illegal immigration duties, will participate in "crime sweeps," which are focused on a particular area and last one to two days.

Proponents say the crime sweeps put lawbreakers behind jail and make communities safer; opponents argue the majority of those targeted are Hispanics.

The U.S. Department of Justice is currently investigating the office for civil rights violations.

'He Is Our Brother, Somebody's Son, That They Deported,' Family Member Says

It was a local sheriff's office that sent Guzman out of the country.

He was picked up near his home in Lancaster, Calif., on March 31, 2007, by Los Angeles County sheriff's department officers on a misdemeanor trespassing charge. He had tried three times to board a private plane, showing lottery tickets for passage on one attempt, officers said in a report. He had also stolen a car and told officers his mother's car was broken.

A judge gave him three years' probation and three months in jail for vandalism.

At the jail, Guzman told officers he was born in California, a response noted in official records. But a sheriff's employee still got Guzman to sign an agreement to leave the country without a hearing.

On the day he arrived in Mexico, Guzman called a relative to say he didn't know where he was, and asked a passer-by. The answer: Tijuana. Then the phone cut off.

Guzman was finally returned to California legally in August 2007.

Now he can no longer stand the sun because it reminds him of Mexico. His family will not let him talk about the ordeal because it upsets him. He has frequent counseling sessions, but he is shaky, stutters and seems to hear voices, according to his brother.

"He is our brother, somebody's son, that they deported," said Michael Guzman. "California is like the main capital of Latin Americans. It doesn't matter whether you are a citizen or not. If you look Hispanic, they can question you. Deportation can happen to anybody."

Neither the sheriff's office nor immigration officials would discuss the case, citing pending litigation. The family has sued Los Angeles County and the federal government.

"When the whole story is told, people will see and understand what has occurred," said Steve Whitmore, spokesman for the Los Angeles County Sheriff's Office.

In the meantime, Guzman's mother, Maria Carbajal, often works the graveyard shift at a Jack in the Box because she is afraid to leave him alone during the day.

Workplace Immigration Raids Net Citizens

American citizens also have been caught in the net of increased workplace arrests and jail sweeps.

Workplace arrests rose from 517 in fiscal year 2003 to 6,274 in 2008. Julie Myers, former Homeland Security assistant secretary overseeing ICE, said agents quickly sort out which workers are citizens during raids. She added that federal law, court decisions and search warrants give immigration agents the authority to enter workplaces to question everyone inside, including citizens.

But the raids have already led to several lawsuits.

In 2007, 114 U.S. citizens and permanent residents sued after a raid on Micro Solutions Enterprises, a computer printer equipment recycler in Van Nuys, Calif. They alleged illegal detention and sought $5,000 damage each.

In 2008, the union representing workers at six Swift & Co. meatpacking plants sued on behalf of eight citizens and legal residents caught up in raids.

In one case, three citizens and nine others, all Hispanic, sued after ICE agents raided their New Jersey homes as part of what was dubbed Operation Return To Sender. The lawsuit alleges that an immigration agent pulled a gun on one of the citizens, a 9-year-old boy.

A program to sweep jails and deport immigrants who have committed crimes is more popular. But critics fear the temptation is to deport anyone for anything because they are seen as bad seeds, even if they are American citizens.

Soldier Spends 8 Months In Immigration Jail

Rennison Castillo arrived early at the Seattle immigration office on Oct. 28, 1998, to take his citizenship oath. He was dressed in a freshly starched Army uniform and was eager to grab a good seat. He sat in the second row.

Born in Belize, Castillo had lived in the U.S. since he was 7 and had served two years in the Army. But his superiors told him he could not stay in the Army without citizenship. So he took the citizenship test and passed easily, missing only one question, on the name of a locally elected official.

"I felt pretty good. I felt I definitely accomplished something, because having a citizenship to the United States was something that I felt proud of," Castillo said.

Seven years later, the U.S. government locked Castillo in a Tacoma, Wash., immigration jail. He had been picked up at the Pierce County jail, where he had spent eight months for violating a restraining order and for residential burglary.

At the holding cell, an officer asked if he wanted to go home. He thought she meant his home in Lakewood, Wash. "Yes," he answered. "I'd love to go home."

She chained him up and told him he would be deported.

Over and over, Castillo said, he told officers he was a citizen. He pleaded with them to check their computer files.

But officials said nothing in their records confirmed his citizenship or his military service. One officer actually recognized Castillo from their Army days at Fort Lewis, Wash., and mentioned their battalion, but told Castillo he couldn't help.

Then Castillo saw a number posted on the wall for the Northwest Immigration Rights Project. On the group's advice, he contacted a friend who pulled his military document from the trunk of his car.

Nearly eight months after he was transferred to ICE custody, Castillo was released. He discovered that immigration officials had two files on him, with different numbers, and has since filed a lawsuit. ICE declined to comment because the lawsuit is pending.

"I understand that nothing is perfect, nothing will be perfect, but I don't understand how they could make a grave mistake like that," he said. "Because if this happened to me, I'm quite sure it's happened to somebody else. What's going to happen to the next person it happens to?"

'They Told Me If I Didn't Say I Was From Over There, They Would Put Me In Jail'

For Ricardo Martinez, born in McAllen, Texas, it was not being able to get back into his own country.

Even though he was a U.S. citizen, Martinez lived in Mexico between the ages of 5 and 17.

Like many border residents with family on the other side, he made frequent trips to Mexico. When he tried to return to the U.S. after a visit to Mexico in July 1999, he was turned away by border officers at Nogales, Ariz., because two copies of his birth certificate, issued years apart, had different hospital registration dates. Not proficient in English, Martinez said he had never noticed the error.

Told to get his documents in order, he got a U.S. passport and was able to get into the country. But the problem was not over.

In January 2006, he went back to Mexico to be with his dying grandmother. When he tried to cross back at Laredo, Texas, in March, he carried his birth certificates, his birth registration card, his passport and state ID cards from Nebraska, California and Texas, where he had worked.

But by that time border security had become far stricter. Agents looked up Martinez in their database and found the earlier problem at Nogales. They claimed his U.S. passport was fake, he said.

Martinez was taken to an inspection room, forced to remove his shoes, searched, handcuffed to a chair and held for two hours while officers questioned his documents, he said. He was told unless he confessed to fraud, he would be sent to prison for six to eight months, according to a court document filed in Martinez's lawsuit against the government.

"They told me if I didn't say I was from over there, they would put me in jail. I was frightened," Martinez said.

He said he asked to call his mother to help prove his citizenship, but was refused.

Martinez's stepfather, Florentino Mireles, said in a Feb. 27, 2008, affidavit that he called border inspectors to ask why they had taken Martinez's documents. The response, he said: An officer didn't believe Martinez was a U.S. citizen because he didn't speak English.

Afraid of jail, Martinez signed the papers. In an affidavit in his lawsuit, Martinez said he didn't understand that by signing he was admitting to not being born in the U.S.

It took his parents two years to find an affordable attorney. Finally, at a meeting in Hidalgo, attorney Lisa Brodyaga showed border officers a copy of Martinez' birth certificate from his parents that included his footprints and a thumbprint and tax records showing he had worked legally in the U.S. Officials agreed he was a U.S. citizen and allowed him to cross the border.

Lloyd Easterling, spokesman for Customs and Border Protection, declined comment because Martinez has sued. In court filings, the agency said Martinez denied being physically assaulted or subjected to excessive force and never filed a complaint against the officers.

Brodyaga said the cases of U.S. citizens detained or deported show more than bureaucratic bungling.

"I've been doing this for 30 years and I've seen bureaucratic bungling. This is more than that," she said. "This is an atmosphere of suspicion and hostility, particularly for Mexican-Americans on the border."
Copyright 2009 by KPHO.com. The Associated Press contributed to this report. All rights reserved.
This material may not be published, broadcast, rewritten or redistributed.



http://www.kpho.com/news/19162047/detail.html

Sovereign Immunity! Yes, the government sometimes makes mistakes, too.

Has the AP done any months long investigation on the devastating impacts of illegal immigration on American taxpayers, workers, and families? Seriously, have they?

Pedro Guzman had also been on the phone with his family and they didn't go down with his identification and get him out. His rotten family left him in jail. They had a babysitter for a 30 year old.

They thought it was funny, until he got deported.
They didn't care and they may have hoped they could sue.

Michael Guzman. "We just talk to him and reassure him that everything is fine and nobody is going to hurt him."

Yea and Michael was the one he spoke with on the phone. Now Michael is suddendly concerned and playing up the "mental anguish" caused by Michael, not the deportation!!!!!!!!!

Article about his family and them knowing he was in jail.
http://www.alipac.us/ftopic-68129-next.html

I'm sure of those 50 people the AP found, that they will have similar stories. I bet a bunch of the criminals just lied because they were wanted for something else and ended up deported and possibly on purpose.

Dixie

The family is at fault for what happened to Guzman. I have a special needs son and I make darn sure he has ID on him at ALL times, even if I have to sew it into his underwear! There is NO excuse for not protecting special needs family members in this way. I had labels made up for all his clothes that have his name, my cell number, blood type AND his condition, in case he gets lost. I don't put my address on it because I don't want him to be "dropped off" at home if no one is there.

He is small now, but he will grow up and I want to cover ALL the bases I can. Shame on his family for not caring enough to safeguard him!

My daughter and I were denied entry when we went back to Canada to get the rest of our belongings. They let him cross as he was a legal resident and we were left in Sarnia, Ontario. We were not living here illegally as we were in the United States for only about a month and an half. They were nasty at the border. I told them I crossed the Border on August 26th (we were being questioned around mid August in Port Huron) and the immigration guy told us ya right you are full of s@*t and asked my tag number and I gave it to him. He ran it and all you could hear is him cuss. Then they all went to a supervisor's office and phone calls were made and they decided to deny our entry as they did not want to admit they had made a mistake. I made several phona calls to the embassy and drove to the one in Toronto where they had no clue what I was talking about. After about 1 1/2 weeks we decided to try again. My daughter and I had our ID ready at the border and we got the same guy that ran my tag in the office that day. He recognized us and said: "just go. Just F in go!"
My daughter and I looked at it as an adventure and in some ways we had some fun during that time. Then once I started going through the immigration process and seeing the illegals and how they got away with things it did make me somewhat angry.

This story was prominently placed on the front page of our morning rag the AZ Daily Star today. They actually allowed comments this time and boy did it get a lot of them.