Saturday, January 26, 2008

Born in the U.S.A.

Perhaps I might feel differently if the person involved was Joey Vento, the anti-immigrant Italian American owner of Geno's Steaks in South Philly. Otherwise, this story is yet another horrendous example of the loss of our constitutional rights during the Bush reign of terror. The Washington Bureau of the McClatchy papers reports about the near deportation of an American citizen, in Immigration officials detaining, deporting American citizens:

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.

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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.

An unpublished study by the Vera Institute of Justice, a New York nonprofit organization, in 2006 identified 125 people in immigration detention centers across the nation who immigration lawyers believed had valid U.S. citizenship claims.

* * * *

Unlike suspects charged in criminal courts, detainees accused of immigration violations don't have a right to an attorney, and three-quarters of them represent themselves. Less affluent or resourceful U.S. citizens who are detained must try to maneuver on their own through a complicated system.

"It becomes your word against the government's, even when you know and insist that you're a U.S. citizen," Siulc said. "Your word doesn't always count, and the government doesn't always investigate fully."

* * * *

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.

* * * *

The attorneys said the chances of mistakes are growing as immigration agents step up sweeps in the country and state and local prisons with less experience in immigration matters screen more criminals on behalf of ICE.

I recall an old expression from many years ago that a Republican is a liberal who has been mugged. I wonder if a liberal (or progressive) is a conservative who's gotten caught up in the nightmare realm of experiencing a loss of the basic civil rights that we've come to expect as part of being an American?

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