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On November 5, 40-year-old Antonio Montejano was holiday shopping with his four children at a Los Angeles mall and unintentionally dropped a $10 bottle of cologne that his young daughter begged him to buy into a bag of items he had already purchased. Upon leaving the store, Montejano was stopped by security guards and arrested for shoplifting. He assumed the ordeal would end quickly since he had no prior criminal record. Instead he spent two nights in a Santa Monica, CA police station followed by another two nights in a Los Angeles county jail on suspicion of being an undocumented immigrant.
Montejano pleaded with officers about his citizenship, presenting them with his driver’s license and other legal identification, but they wouldn't budge. “I told every officer I was in front of that I’m an American citizen, and they didn’t believe me,” Montejano told the New York Times. He believes his detention was a direct result of his ethnicity. “I look Mexican 100 percent,” he says.
Because of an “immigration detainer,” Montejano was denied bail and held even after a criminal court judge canceled his fine and ordered his release. He was finally freed on November 9, following intervention from the American Civil Liberties Union, which sent a copy of his passport and birth certificate to Immigration and Customs Enforcement (ICE).
This is the second time Montejano, who was born in Los Angeles, has been mistakenly targeted by immigration authorities. They failed to recognize his citizenship in 1996 as well, prompting his wrongful deportation to Mexico. The ACLU discovered that his records were never corrected, which explains why his arrest led to a positive match in the DHS database.
Montejano's mistaken imprisonment comes on top of an explosion in immigration detentions and deportations in recent years, as well as federal immigration programs that rely on participation with local law enforcement. He is just one of the hundreds of thousands of people, mostly undocumented immigrants, whose lives and families are torn apart each year by our dysfunctional immigration system.
“Secure Communities” is the latest of these controversial programs, introduced and piloted by the Bush administration in 14 jurisdictions beginning in 2008. According to an October 2011 report by researchers at UC-Berkeley School of Law, “Secure communities by the numbers,” the program has "expanded dramatically" under President Obama and is currently "active in 1,595 jurisdictions in 44 states and territories, a 65% increase since the beginning of this year." Since the beginning of Obama's term, his administration has overseen the deportation of 1.1 million people, “the highest number in six decades" according to the New York Times. ICE is so pleased with Secure Communities, it plans to expand its reach to all US jurisdictions by 2013.
Furthermore, wrongful detention and deportation is not limited to US citizens with easily accessible state-issued identification in their wallets. As Joshua Holland notes, "permanent residents, students, tourists, and people seeking asylum from torture and persecution are also swept up in the maw of Homeland Security in not-insignificant numbers." If American citizens, like Montejano, who are guaranteed the right to due process, have trouble proving their citizenship to the authorities, it's likely even more difficult for legal residents as well as other vulnerable populations, such as the mentally disabled, who may lack a clear understanding of the circumstances.
Although it's difficult to obtain an exact number of Americans illegally detained by ICE, Jacqueline Stevens, a political science professor at Northwestern University estimates that over 4,000 US citizens were detained or deported in 2010 alone. According to a study published by Stevens last spring, this raises the total number of American citizens detained or deported since 2003 to well over 20,000.
Originally posted by AnimositisominA
Does this guy speak English? Something stinks about this story.
The story reminds me of something that comes out of our local
rag of a free newspaper. If he spoke perfect English, I don't see
how this could happen. But, if he didn't speak a word of it, I can
see how the mistake could be made. Live in the land, learn the
language. If he didn't speak English, the article should have
clarified that. I can see how they would leave that out to gain more
sympathy for this guy. I'll go through the article again to see if he did.
Yeah it doesn't really matter what language this guy speaks if hes a
citizen, but the article could be used as an example of why people should learn
the language, which they may be trying to avoid.
Its unfortunate what happened to this man.
The program requires local jails to crosscheck fingerprints of jailed individuals with Homeland Security's immigration database. If a positive match is found, federal immigration officials can issue detainers that authorize local law enforcement to hold the suspect in custody for up to 48 hours.
However, the DHS database is riddled with flaws, as demonstrated by the growing number of US citizen being wrongfully tagged. The New York Times notes, “Unlike the federal criminal databases administered by the FBI, Homeland Security records include all immigration transactions, not just violations. An immigrant who has always maintained legal status, including those who naturalized to become American citizens, can still trigger a fingerprint match.”
Originally posted by Amaterasu
Originally posted by AnimositisominA
Does this guy speak English? Something stinks about this story.
The story reminds me of something that comes out of our local
rag of a free newspaper. If he spoke perfect English, I don't see
how this could happen. But, if he didn't speak a word of it, I can
see how the mistake could be made. Live in the land, learn the
language. If he didn't speak English, the article should have
clarified that. I can see how they would leave that out to gain more
sympathy for this guy. I'll go through the article again to see if he did.
Yeah it doesn't really matter what language this guy speaks if hes a
citizen, but the article could be used as an example of why people should learn
the language, which they may be trying to avoid.
Its unfortunate what happened to this man.
His quotes are in English...and sound conversationally English. I suspect He speaks it passably well. Maybe the translator made Him sound skilled, if it was a translation... But I bet it is His words exactly.
Originally posted by starwarsisreal
reply to post by Amaterasu
then if he does speak english then he has the right to stay here
Originally posted by AnimositisominA
Does this guy speak English? Something stinks about this story.
The story reminds me of something that comes out of our local
rag of a free newspaper. If he spoke perfect English, I don't see
how this could happen. But, if he didn't speak a word of it, I can
see how the mistake could be made. Live in the land, learn the
language. If he didn't speak English, the article should have
clarified that. I can see how they would leave that out to gain more
sympathy for this guy. I'll go through the article again to see if he did.
Yeah it doesn't really matter what language this guy speaks if hes a
citizen, but the article could be used as an example of why people should learn
the language, which they may be trying to avoid.
Its unfortunate what happened to this man.