Immigration in the NEWS “ICE Detaining US Citizens”


Immigration in the NEWS “ICE Detaining US Citizens”

En este video, el abogado de inmigración, Andrés Mejer, habla sobre DACA. DACA no le otorga a una persona un estatus legal. Lo que hace es decir que todas las acciones sobre el estado legal de esa persona serán diferidas.

Transcript (Transcripción):

Andres Mejer: Hi. Three things for you today. One, breaking news, ICE is detaining U.S. citizens. Maybe that doesn’t surprise you but it should. Because ICE’s role is to detain and deport or enforce immigration laws to those that are here illegally not those that are American citizens. Second what documents should you have with you in order to avoid being detained. Why do you need it? How can you protect yourself? That’s the second thing I want to talk about. And third, why does doing your background search matter? Why is it important to have certain documents on you in the event of travel or even going from home to work? Why do you need it? Why is your background important before you apply for anything? These are the three things that we’re going to talk about today.  Breaking news, ICE detaining US citizens. Look in the past seven years. Over one third of 1480 U.S. citizens were detained and then released. There were over 8000 claims of U.S. citizenship that ICE investigated about 25 percent of them or just under 15 hundred were were actually U.S. citizens and were ultimately let go, now to be fair, this is only a fraction of the over 100000 people that are detained every year. So as a percentage those numbers are very low. The problem is sometimes it takes days weeks or months or in some cases years to fix. And when someone is deprived of their liberty when they’re in jail for weeks months or years the fact that you know less than 2 percent of all arrests are in are incorrect doesn’t help them at all. Now I’m going to give three different examples of U.S. citizens that were detained by ICE the first and the most well most in the news right now is Francisco Galicia. He was detained on June 27 this year in Texas. He lives in Edinburg right on the corner of Texas and Mexico. Him, his younger brother, Marlon who was 17, and a bunch of guys were going traveling to Houston by car for a soccer tryouts, for college. And along the way they were pulled over by Customs Border Patrol just within the 100 mile, 100 miles of the border with Mexico. And he had on him his birth certificate his Social Security his driver’s license and despite that he was detained by ICE for almost a month. Why. He also had a Mexican visa indicating that he was born in Mexico. And so here’s what happened. He was born in the US move back. This family moved back to Mexico. His brother Marlon was born. For the next 10 years they were in Mexico. Then they moved back to the U.S.. He had been in the U.S. for about a year or two. His English was more Spanglish than anything else. He understands more, more English than he speaks. He clearly does not speak very well. He tried to tell the ICE office he was a U.S. citizen and he had documentation to prove it. Now I understand the confusion. We have two conflicting documents one says he’s a U.S. citizen. One says he is not but it doesn’t take 27 days to correct that. He insisted he was a U.S. citizen but by his account he was treated horrifically. He lost 26 pounds in 27 days. He was detained for 27 days but only to 23 days was in this particular detention. During that time, he was not allowed a shower not a single time. He was given wipes to clean himself. Very sad situation. Now he was only ultimately released when family hired counsel , the attorney provide the same documents that ice already had in their possession from day one. It does not take twenty seven days to figure out if a copy of birth certificate is legitimate or not. But in this case apparently it did. Second case not as extreme as Francisco,Sergio Cabrillo. He was detained at a parking lot in Home Depot, in July of 2016, when homeland security showed up Sergio was then 39 years old. He was a landscaper, fluent English speaker, had lived the past 20 years in the United States. He gained his citizenship in 1994. He was under age and his father naturalized, when his father naturalized, he became a U.S. citizen. He had a certificate of citizenship and he had a passport agent. So he told the agent what ae you doing with me. I’m a U.S. citizen. He said it repeatedly. They didn’t care. They detained him. He was detained for almost a week. The same day his son went to the detention center to present his U.S. passport and certificate of citizenship and the ICE agents would not accept it. He had to go hire an attorney to do the very same thing. And then he was ultimately released. He sued for false imprisonment got a twenty thousand dollar settlement for this mistake, Again, percentage wise, less than two percent of all detentions actually are U.S. citizens and can prove it successfully. Of you know generally about 8 thousand or so in the past seven years and about eight thousand claims of U.S. citizenship. About 20 percent of them 1,480 they were actually were American citizens and ultimately were released. But some things become very complicated. Imagine Sergio’s situation. Imagine he didn’t have a passport. Imagine his father passed away. Or you know his parents separated after he turned 18, he went to college and you never saw his father again and he doesn’t know where he is and he doesn’t know when he naturalized. So these cases can become very complicated and very difficult to prove. Moral of the story is, if you have a path for citizenship do it now. If you’re a Green Card holder apply for citizenship by the way. Don’t wait. Don’t let these situations happen to you. Francisco couldn’t really defend himself because he didn’t speak the language. Sergio could. And what happened that the officer made a mistake and spelled his last name with a P is that it with a B, didn’t find a citizenship, didn’t believe him. Well he was a U.S. citizen and he’s not the one who typed in the name incorrectly, the officer was but he’s the one that spent a week in jail in detention. Yeah you got twenty thousand dollars for it but I don’t know you know if you pay me a million bucks maybe I’ll go to jail for a week. But for twenty thousand. Money is money but my life’s more important. Davina Watson talk about long time in jail. He was born in Jamaica. U.S. citizen today. He became a U.S. citizen when his father naturalized and he was a minor so he was convicted in New York of drug possession. And distribution. He served his jail time. After finishing. He was interviewed by an ICE officer. Instead of being released ICE took him into custody and put him in removal proceedings and he told them Listen I’m a U.S. citizen. My father, Hopeton Urlando Watson lives in New York. I was under age when he naturalized I naturalized. Now the officer did not find Hopeton Urlando Watson living in New York. Instead he found Hopeton Livingston Watson who lives in Connecticut and was not a U.S. citizen now. De vino when he was charged with the crime he was given a public defender. The state paid for his attorney to defend him in immigration court. You don’t have that right if you want an attorney. You have to pay for it yourself. You’re not given one. So he went in front of the judge. He said this and I’m a U.S. citizen. The judge didn’t believe him and ordered him deported. He appealed to the Board of Immigration Appeals who sustained same thing. They said no we don’t believe you you’re gonna get deported. He goes to the district court. Now he’s in federal court and he’s given an attorney, for free to represent him. And that attorney was able to get ICE to redo the initial search not Hopeton Urlando not Hopeton Livingston but Hopeton Orlando who is in fact a U.S. citizen. The moment he pointed that out he was released three and a half years in jail. Above his sentence because he didn’t have an attorney and because he didn’t know what to do so. So the V.A. did not even finish high school. He didn’t have much of much of an education. I’m sure that prevented his ability to argue his case effectively by himself. Had he had counsel earlier chances are he would have gotten out earlier. It’s not fair but it’s unfortunate. Those are the circumstances, three and a half years Now, he won a judgment of eighty two thousand five hundred dollars. Eighty two thousand is not a lot of money. When you’re talking about three and a half years of my life. But. But to make it worse. An appellate court took it away because he ran the statute limitations. He should have filed his claim while he was in jail. He didn’t. So because he didn’t. He lost that right. And that settlement was taken, that award was taken from him. 

Share This Post!

Related Posts

Call Us Today!


New Jersey Immigration Attorney

Need help?

Got questions?

New Jersey Immigration Attorney

We're here 24/7.
Call Now!



Eatontown, NJ


Address

286 RT 35
Unit D
Eatontown, NJ 07724

Map/Directions

Lakewood, NJ


Address

212 2nd Street
Suite 104
Lakewood, NJ 08701

Map/Directions

Newark, NJ


Address

50 Park Place
Suite #1101
Newark, NJ 07102

Map/Directions

Edison, NJ


Address

1929 NJ-27
Edison, NJ 08817

Map/Directions
Address

1065 US-22 Suite 2B
Bridgewater Township, NJ 08807

Map/Directions

Freehold, NJ


Address

36 W Main St, Suite 302,
Freehold, NJ 07728

Map/Directions

Copyright 2021 Provencher and Flatt, LLP - All Rights Reserved. Powered by Advantage Attorney Marketing & Cloud Solutions

Immigration Attorney

Ask an Immigration Attorney

Ask a question or tell us about your situation, we are happy to help!

Arrested in New Jersey

Request Your Free Copy

Solicite su copia gratuita

Immigration Book

Request Your Free Copy

Solicite su copia gratuita

Immigration Attorney

Request Your Free Copy

Solicite su copia gratuita

Find Out Immediately If You Qualify for Legal Status

Subheading

Your privacy is important to us. We will keep the information you provide strictly confidential. We only use your information to determine if you may be eligible for immigration benefits in the United States. The information we provide should not be construed as legal advice and submission of this form does not create an attorney/client relationship.

Ingrese la siguiente información para aceptar los términos y condiciones.

Enter the following information to accept the terms and conditions.

Start Here!

Información Personal / Personal Information

Subheading

Idioma Preferido*

Preferred Language

Fecha Nacimiento*

Date of Birth

Pais de Nacimiento*

Country of Birth

Entradas a las EEUU / Entries into the US

Subheading

Fecha Entrada*

Date of Entry

Entrada Legal*

Did you enter legally?

Background

Subheading

¿Tiene usted padres, conyuge o hijos mayores de 21 anos,Que ha estado o esta en las fuerzas armadas Americanas?*

Do you have a parent, spouse, or child over 21 who is or was in the US military?

¿Tiene usted padres,conyuge o hijos mayores de 21 anos, ciudadanos Americanos o residentes permanentes?*

Do you have a parent, spouse, or child over 21 who is a US citizen or lawful permanent resident?

¿Ha tenido usted, sus padres o sus abuelos un estado legal en los EEUU?*

Did you, your parents, or your grandparents ever have legal status in the U.S.?

¿Esta considerando matrimonio con us ciudadano Americano o residente permanente? ( mismo sexo incluido)*

Are you considering marriage to a US citizen or green card holder (same-sex marriage included)?

Background

Subheading

¿Alguien ha peticionado a su favor por motivos de inmigración?*

Has anyone ever filed an immigration petition for you before?

¿Ha sido usted deportado o esta usted en procedimiento de deportación ahora?*

Have you ever been deported or are you in deportation proceedings now?

Ha sido abusado por sus padres, conyuge o hijo mayor de edad?*

Has your parent, spouse, or adult child been abusive to you?

¿Si es asi, fue previo a Abril 30 del 2001?*

If so, was it before April 30, 2001?

Background

Subheading

¿Fue usted, conyuge, sus padres, pareja o sus hijos victimas de de un crimen violento en los EEUU?*

Were you, your parents, siblings, spouse, partner, or children a victim of a violent crime in the US?

¿Es usted menor de 21 años y soltero?*

Are you under 21 and not married?

¿Tiene usted un padre, conyuge o hijo menor de 15 anos con requerimientos especiales médicos (dificultades de estudio, alergias severas, asma u otra condición medica severa)?*

Do you have a parent, spouse, or child under 15 with medical or special needs (learning disability, severe allergies or asthma, or other serious medical condition)?

¿Fue usted maltratado, abusado o abandonado por sus padres?*

Did your parents mistreat, abuse, or abandon you?

Background

Subheading

¿Tenia usted 30 anos o menos en Junio, 15, 2012?*

Were you 30 years or under on June 15, 2012?

¿Tenía usted 15 años o menos en su primera entrada en los EEUU?*

Were you 15 years old or younger on your first entry into the US?

Click below now to see if you qualify!

¡Haga clic abajo ahora para ver si califica!

Free Deportation Risk Assessment

Where you ever caught at by immigration and returned to your country? (¿Dónde alguna vez te pilló inmigrando y regresaste a tu país?)*

Have you ever been arrested for any reason? (¿Alguna vez te han arrestado por alguna razón?)*

How many times have been arrested? (¿Cuántas veces han sido arrestados?)*

Were you arrested for any of the following reasons? (Check all that apply) (¿Te arrestaron por alguna de las siguientes razones?)

Have you ever filed for an immigration benefit and been denied? (¿Alguna vez ha presentado un beneficio de inmigración y se le ha negado?)*

Have you entered the US illegally more than once after 1997? (¿Ha entrado ilegalmente en los Estados Unidos más de una vez después de 1997?)*

Do you owe back child support? (¿Debes manutención infantil?)*

New Jersey Immigration Attorney

Get Instant Access

Enter your name and email address below to get instant access.

New Jersey Immigration Attorney


¡Obtenga acceso instantáneo ahora!

Ingrese su nombre y dirección de correo electrónico a continuación