Deportation of Americans from the United States explained

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]} These individuals in removal proceedings include Americans by birth and legal immigrants that were naturalized under or admitted as nationals of the United States under the Child Citizenship Act of 2000.^{[4] [5] [6] [7] [8] [9] [10]} A U.S. citizen cannot legally be deported, and thus can return to the United States at any time.^[11]

Legal background

Some have been placed in immigration detention centers to be deported but were later released.^[12] "Recent data suggests that in 2010 well over 4,000 U.S. citizens were detained or deported as aliens".^{[13] [14]}

Under, any officer mentioned in 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, 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.^[15] 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

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.

Physically removed Americans from the United States

A number of Americans have been placed in immigration detention centers to be deported but were later released.^{[16] [17]} 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.^[18]

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.^[19]
• 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,^[20] which he ultimately won.^[21]
• 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.^{[22] [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.
• Esteban Tiznado-Reyna was born in Mexico to a father who had an Arizona birth certificate, which was found unreliable in an immigration court.^[24] 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.^[25]

See also

• Deportation and removal from the United States
• Deportation of Korean adoptees from the United States
• List of people deported or removed from the United States
• Mexican Repatriation

External links

• In America, Naturalized Citizens No Longer Have an Assumption of Permanence (The New Yorker, June 18, 2018).
• When ICE Tries to Deport Americans, Who Defends Them? (The New Yorker, March 21, 2018).
• The Largest Mass Deportation in American History (March 23, 2018).
• Is Trump about to deport an American citizen? (The Week, Jan. 25, 2018).
• Some Adoptees Are Undocumented Because Their Parents Forgot To Fill Out A Form. Now Congress Is Taking Action (The Intercept, May 14, 2019).

Notes and References

1. Web site: Can a US Born Citizen Be Deported? . JacksonWhite Immigration Law . 29 December 2021 . 26 June 2019.
2. Hundreds of American citizens end up in deportation proceedings each year, immigration data shows . August 2, 2017 . The New Yorker . 2018-10-15 . Olsen . Lise . Hundreds targeted each year despite documents, claims, court data show.
3. News: Some citizens being held as illegal immigrants . 2018-10-14 . April 13, 2009 . NBC News . Associated Press . Dozens of Americans have been locked up or thrown out over past 8 years.
4. Web site: Immigration Library: Court Decisions . January 28, 2002 . . 2021-09-30 . 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.....
5. News: U.S. citizen mistakenly put in deportation proceedings finally returns to America . NBC News . February 4, 2020 . 2021-09-28.
6. News: First Cambodian to return after deportation inspires others after gaining U.S. citizenship . NBC News . July 16, 2020 . 2021-09-28.
7. News: The first Cambodian deportee to return to the U.S. just became a citizen in Sacramento . The Sacramento Bee . July 3, 2020 . 2021-09-28 . 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..
8. News: Cambodian refugee who advocates say was wrongly deported returns to U.S. . NBC News . February 28, 2020 . 2021-09-28.
9. News: Afghan immigrant sentenced to time served . Thornton . Kelly . . . April 16, 2004 . 2021-10-01 . https://web.archive.org/web/20181003061819/http://legacy.sandiegouniontribune.com/uniontrib/20040416/news_2m16afghan.html . 2018-10-03 . live.
10. News: Adopted and Undocumented . The Intercept . Daniel A. . Medina . August 12, 2018 . 2021-09-30.
11. ("Denial of rights and privileges as national")
12. Web site: Michigan father of 4 was nearly deported; now he's a U.S. citizen . May 11, 2018 . 2018-10-16 . www.mlive.com . Stanton . Ryan.
13. Web site: Virginia Journal of Social Policy & the Law . 608 . 2018-10-15 . September 22, 2011 . jacquelinestevens.org . Stevens . Jacqueline.
14. Web site: UNITED STATES CITIZENS IN DEPORTATION PROCEEDINGS . 2018-10-15 . 2017 . Northwestern University.
15. Web site: Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 . Attorney General . September 18, 2018 . U.S. Dept. of Justice . 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)..
16. News: You Say You're An American, But What If You Had To Prove It Or Be Deported? . 2018-10-15 . December 22, 2016 . National Public Radio (NPR).
17. News: The US Keeps Mistakenly Deporting Its Own Citizens . 2018-10-15 . March 8, 2016 . news.vice.com . Hoffman . Meredith.
18. News: Raney. Adam. When the US deports its own citizens. 2014-06-15. 2020-12-04. Aljazeera. en.
19. Web site: Peter Guzman and Maria Carbajal v. United States, CV08-01327 GHK (SSx) . 3 . U.S. District Court for the Central District of California . June 7, 2010 . www.courtlistener.com . 2018-10-20.
20. Web site: Lyttle v. United States, 867 F. Supp. 2d 1256 . 1269 . U.S. District Court for the Middle District of Georgia . March 31, 2012 . Harvard Law School.
21. The Deportation Machine . April 29, 2013 . The New Yorker . 2018-10-14 . Finnegan . William . A citizen trapped in the system..
22. Web site: No Apologies, But Feds Pay $350K to Deported American Citizen . Stevens . Jacqueline . . June 2, 2015 . 2018-10-08.
23. Web site: What One Man Did When He Was Accidentally Deported To Mexico . Yu Hsi Lee Ju . Esther . . June 4, 2015 . 2018-10-08.
24. Web site: Raney. Adam. When the US deports its own citizens. 2020-12-04. www.aljazeera.com. en.
25. Web site: US Citizens Detained and Deported: Deportation Research Clinic - Northwestern University. 2020-12-04. deportation-research.buffett.northwestern.edu. en.