Secondary Inspection by CBP

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spiderman03

Registered Users (C)
Does anyone know if CBP (Customs and Border Patrol) can deny entry to a US citizen for any reason after a secondary inspection? A friend of mine (naturalized citizen) was subjected to secondary inspection and let him inside but he is worried about future travel. Can someone with knowledge or experience on this issue advice.
 
spiderman03 said:
Does anyone know if CBP (Customs and Border Patrol) can deny entry to a US citizen for any reason after a secondary inspection? A friend of mine (naturalized citizen) was subjected to secondary inspection and let him inside but he is worried about future travel. Can someone with knowledge or experience on this issue advice.
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where will the us citizen would go if they dont let him in? just think about it???

don't read too much into secondary inspections ... sometimes they are pure random.
 
ksam said:
where will the us citizen would go if they dont let him in? just think about it???

don't read too much into secondary inspections ... sometimes they are pure random.
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Didn't you hear of ICE deporting US citizens in hundreds lately and there was a huge uproar on the issue and demands to President Obama to do something about it? It make sense for you and me but you think these agents think logically all the time?
 
spiderman03 said:
Didn't you hear of ICE deporting US citizens in hundreds lately and there was a huge uproar on the issue and demands to President Obama to do something about it?
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In hundreds? Certainly not in hundreds, and only those US citizens who do not have proper documents proving their citizenship or those who acquired their citizenship in some ambiguous ways.

When a US citizen arrives to his/her country with a proper passport, he/she may be referred to the secondary but ultimately will be allowed in. Where do you think they will deport a US citizen?

A friend of mine (naturalized citizen) was subjected to secondary inspection and let him inside but he is worried about future travel.
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Can you provide more details as to what was the reason for referring him to the secondary?
 
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Officially it is in hundreds and some independent organizations like ACLU are claiming more. Many of them were deported to their country of origin. You think USCIS will loose the date of a naturalized citizen and not know where he/she or their family originally came from? Anyway, I asked for anyone who had similar experience, not for some debate contest.
 
spiderman03 said:
Officially it is in hundreds and some independent organizations like ACLU are claiming more. Many of them were deported to their country of origin. You think USCIS will loose the date of a naturalized citizen and not know where he/she or their family originally came from? Anyway, I asked for anyone who had similar experience, not for some debate contest.
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USCIS is not in charge of borders.
 
spiderman03 said:
Officially it is in hundreds and some independent organizations like ACLU are claiming more. Many of them were deported to their country of origin. You think USCIS will loose the date of a naturalized citizen and not know where he/she or their family originally came from?
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When a US citizen arrives with a proper passport, there is no way he/she can be deported by the CBP. Even if someone has a fake American passport, he/she will not be deported right away.

You say these cases occur by thousands according to ACLU. Care to provide a reference at least to one such case where a US citizen with proper documentation (e.g. passport, passport card, birth certificate, etc) was detained and then deported by ICE? And you still did not say why your friend was referred to the secondary.
 
König said:
In hundreds? Certainly not in hundreds, and only those US citizens who do not have proper documents proving their citizenship or those who acquired their citizenship in some ambiguous ways.

When a US citizen arrives to his/her country with a proper passport, he/she may be referred to the secondary but ultimately will be allowed in. Where do you think they will deport a US citizen?


Can you provide more details as to what was the reason for referring him to the secondary?
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It happens more often than you might think. Yes, instances have been published where legitimate citizens were deported - for simply being in the 'wrong place, at the wrong time'. Sometimes, it is because of an over-zealous official, or someone ignorant, or simply being out-of-touch.
Here's some RECENT examples of high-handedness:
a) India's ex-President's recent experience w/Continental Airlines
b) Singer Bob Dylan's experience on the E coast (the interaction in this case was limited to local law enforcement)
c) India's # 1 Actor's experience in Chicago, a couple of days ago.

To answer your q, the subject is deported to his/her country of origin.
 
Semi-conc'nt 04 said:
It happens more often than you might think. Yes, instances have been published where legitimate citizens were deported - for simply being in the 'wrong place, at the wrong time'. Sometimes, it is because of an over-zealous official, or someone ignorant, or simply being out-of-touch.
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Ok, so provide at least one example where a US citizen was deported for simply being in the "wrong place, at the wrong time"? I read about some cases where US citizens were indeed deported by mistake, but in those cases people either claimed to be non-citizens after committing crime or were homeless and could not provide any piece of documentation proving their US citizenships. I asked the OP to give me an example where a person with proper documents can still be deported.

Here's some RECENT examples of high-handedness:
a) India's ex-President's recent experience w/Continental Airlines
b) Singer Bob Dylan's experience on the E coast (the interaction in this case was limited to local law enforcement)
c) India's # 1 Actor's experience in Chicago, a couple of days ago.
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Your list has no relevance to the topic of this discussion. CBP can detain anyone - even US citizens - for further questioning. The difference is that they can deport any alien immediately whilst citizens still enjoy the benefit of the doubt. And Bob Dylan? He was not even detained but questioned and then driven to the hotel :)
 
I love it when people think that border agents or guards should know every country's top 300 celebrities and then afford them special treatment. I'm happy that US Border agents do not afford them special treatment - they are equal to everyone else. As if the guards have nothing better to do then remember Indian ex presidents or "stars."
 
König said:
Ok, so provide at least one example where a US citizen was deported for simply being in the "wrong place, at the wrong time"? I read about some cases where US citizens were indeed deported by mistake, but in those cases people either claimed to be non-citizens after committing crime or were homeless and could not provide any piece of documentation proving their US citizenships. I asked the OP to give me an example where a person with proper documents can still be deported.


Your list has no relevance to the topic of this discussion. CBP can detain anyone - even US citizens - for further questioning. The difference is that they can deport any alien immediately whilst citizens still enjoy the benefit of the doubt. And Bob Dylan? He was not even detained but questioned and then driven to the hotel :)
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The reason for my post was to second (or, confirm) what was stated by the OP.

My reference to the recent incident with Bob Dylan is relevant. The fact is, he was lucky - he was in NJ (a left-leaning State?), and the officers gave him a chance to 'prove' his identity. One might not be so lucky if you live in AZ, for instance - where a sherrif likes to play God. (He has taken upon himself to act on immigration - that is a Federal issue)

In the instance that a legal US citizen (by birth) was deported, the arrest/detention did not occur at any POE. He was picked inland, and I will concede that he did not have proof on his person at that moment. Still, is it not chilling that he did not get a chance to produce his document(s) - that he was incarcerated for a year (or more), followed by his deportation to Mexico?
The report went on to state that there were several other legal Permanent residents that were 'netted'.

The bottom-line: we do not live in a 'perfect' world - let's not live in denial.
 
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Semi-conc'nt 04 said:
In the instance that a legal US citizen (by birth) was deported, the arrest/detention did not occur at any POE.
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Where was he deported to? Deportation is a specific legal act that involves communication with the home country and the acceptance of the latter. If your home country is the US (natural-born citizen) then you can't be deported anywhere else but the US. If he was 'deported' to Mexico than that is not a deportation, they merely returned him back to Mexico as he didn't have proper identity papers. He can go to the US embassy there, prove his citizenship, get a passport and re-enter the US.


That is not a deportation.
 
Mr Vertigo said:
Where was he deported to? Deportation is a specific legal act that involves communication with the home country and the acceptance of the latter. If your home country is the US (natural-born citizen) then you can't be deported anywhere else but the US. If he was 'deported' to Mexico than that is not a deportation, they merely returned him back to Mexico as he didn't have proper identity papers. He can go to the US embassy there, prove his citizenship, get a passport and re-enter the US.


That is not a deportation.
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I understand that the action does not meet the technical definition - however, that was how the article described, using that term. I imagine they should have used "air-lifted/air-dropped"?

Did ya read my post - how do ya expect someone that was picked up - just like that, to have requisite paper-work on his person to prove overseas when he didn't have the documentation on him to show here (inside the US), in the first place?
 
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Illegal detentions and deportations of U.S. citizens by ICE are a serious and fairly wide-spread problem. There have been numerous media reports about this as well as many lawsuits. This is one of the reasons for a recently announced revision of the immigration detention policies announced by the Obama administration and the bill S. 1549 "A bill to protect United States citizens from unlawful arrest and detention", introduced on July 30, 2009, by sen. Menendez, http://www.govtrack.us/congress/bill.xpd?bill=s111-1549

These ICE detentions and deportations of U.S. citizens (both natural-born and naturalized) usually seem to occur in cases where somebody was arrested by police in some criminal matter. The people in question are often poor, minorities or mentally ill.


Here are a few representative news-stories.

First, not directly on topic, but nonetheless an instructive story, about a natural-born U.S. citizen, Leonard Robert Parrish, who was arrested and detained for 12 hours in Texas while visiting a Sheriff's office because the deputy thought that the guy had a foreign accent (in fact Parrish was born in Brooklyn and had a New York accent):
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/07/26/MNND1886J0.DTL


The same SF Chronicle article has two other stories:

First, about a U.S.-born and mentally ill Mark Lyttle, who was deported by ICE to Mexico and from there eventually ended up in Guatemala.
See more about him at:
http://stateswithoutnations.blogspot.com/2009/04/us-kidnaps-mark-lyttle-leaves-him.html
http://stateswithoutnations.blogspot.com/2009/04/us-citizen-deported-to-mexico-shipped.html
In Guatemala Lyttle obtained a U.S. passport from a U.S. consulate and few back to the U.S. Despite having a valid U.S. passport, upon entry to the U.S. he was arrested by DHS and put in ICE prison. He was eventually released several days later after the intervention of the family layers.

The SF Chronicle article referenced above also recounts a case of Diane Williams, a natural-born U.S. citizen. Several hours after being released from prison where she was held on prostitution charges, she was arrested at home by ICE who claimed that she was a deportable alien. She showed the ICE agents a copy of her birth certificate but they claimed that they could not tell if it was real or not. She was deported by ICE to Honduras; there she obtained a U.S. passport at a U.S. consulate and returned to the U.S. using that passport.

Here is a news-story
http://admin-www.latina.com/lifestyle/news-politics/man-mistaken-illegal-immigrant-held-jail-13-months
about Hector Veloz, who acquired U.S. citizenship through his father, but spent 13 months in an ICE jail. Even when, after 9 months in jail, Veloz produced all the documents proving his citizenship and an immigration judge ruled him to be a U.S. citizen, ICE refused to release him and appealed the judge's decision. Veloz was eventually released after 5 more months in ICE jail.

Here is a case of an Army veteran and a naturalized U.S. citizen Rennison Castillo who spent 9 months in an ICE prison before winning a release:
http://www.nwirp.org/NewsAndEvents/ViewPressRelease.aspx?PressReleaseID=1

Here is a case of a mentally ill natural-born U.S. citizen Pedro Guzman who was deported by ICE to Mexico:
http://www.nwirp.org/NewsAndEvents/ViewPressRelease.aspx?PressReleaseID=1
http://articles.latimes.com/2007/aug/08/local/me-found8

Here is another article http://abcnews.go.com/US/wireStory?id=7328632 with profiles of several U.S. citizens detained or deported by ICE. Notice that the first two of them, Hugo Alvarado and Juan Manuel Carrillo were detained during a general ICE sweeps of some neighborhood, rather than transferred to ICE from police custody.

Another story, of a natural-born U.S. citizen who was held for two months in a southern California detention ICE center since the ICE officials refused to believe his birth certificate was real:http://www.foxnews.com/story/0,2933,447425,00.htmlhttp://www.bibdaily.com/pdfs/Ledesma2%2011-5-08.pdf

Another case, of Douglas Centeno, who got citizenship through parents, and was held in ICE deportation proceedings for months before eventually being released:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/05/20/MNKL17NHQJ.DTL

Another case, of a U.S.-born Thomas Warziniack whom ICE wanted to deport to Russia and who was held in an ICE jail for weeks before being released:
http://www.startribune.com/nation/14456137.html?page=1&c=y http://www.mcclatchydc.com/227/story/25392.html

And so on and so forth.

According to these articles http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/07/28/MNH618NPM6.DTL http://www.washingtonpost.com/wp-dyn/content/article/2008/08/15/AR2008081503208.html, the number of lawsuits against ICE by wrongfully detained or deported U.S. citizens is on the rise, which may be one of the reasons for the recently ordered review by the Obama administration of immigration detention practices.


One of the main problems is the general lack of due process protections for those held in immigration custody and in my opinion a legislative fix is needed here. For now most U.S. citizens victimized by this system are people with criminal records, mentally ill, poor and hispanics. But unless action is taken, eventually broader population categories will be affected.
 
I wish they will deport me to French Polynesia after I become a US citizen.
I won't be in a rush to run at the US Consulate to get a new passport... :)
These are extreme cases and obviously mistakes.
There's no such thing as deporting a US citizen.
These people were deported because they were thought to be foreign. Somebody should definitely be fired for sure, but let's not spread the panic.
 
sarrebal said:
I think you should get your facts straight, hence delete the ACLU stuff from your bookmarks. :)
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If you read the following post (# 18), you would have learnt what you needed to. Don't dismiss the ACLU - God forbid, you might need 'em, some day! :)

Finally, remember why I posted/commented - simply to dispel the disbelief by the member, Konig.
 
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