ICE Holds | Wrongful Deportation Civil Rights Lawyer
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If Immigration and Customs Enforcement (ICE) suspects that you are in the United States without status, violated the terms of your visa or permanent residency, they can take action to detain you while they investigate. These investigations can take months or years to resolve. It is important that you understand that through every step of the process, you have rights—no matter what ICE agents tell you. ICE holds on U.S. citizens are illegal. When there is a violation of your civil rights, you may be able to bring a claim under the1983 Claim, Federal Tort Claims Act, or a Bivens Claim. A knowledgeable wrongful deportation civil rights lawyer from The Carlson Law Firm can help fight for the justice you deserve.
The Carlson Law Firm has been fighting for the rights of everyone for more than 40 years. We have the experience and knowledge necessary to get you and your family the best results possible. We have a compassionate and diverse legal team dedicated to keeping our clients a priority. Wrongful deportation is an egregious civil rights violation. If you are looking for to make yourself whole after a wrongful deportation, a wrongful deportation civil rights lawyer from The Carlson Law Firm can help. Call us today for a free, no obligation consultation. We can answer your legal questions and help you decide your next step.
What is ICE?
Immigration and Customs Enforcement (ICE) is a law enforcement agency of the federal government under the jurisdiction of the Department of Homeland Security. The agency is responsible for enforcing immigration laws, investigating criminal and terrorist activity by foreign nationals hold individuals suspected of visa violations, illegal entry or unauthorized arrival. ICE is a relatively new agency.
Immigration officials wrongfully target U.S. citizens for three major reasons:
- Arrests based on incorrect or incomplete government records
- Bad data
- Lax or improper investigations
If you or someone close to you was wrongfully detained or deported by an ICE official, contact The Carlson Law Firm. Our qualified wrongful deportation civil rights attorneys are ready to discuss your case. Schedule a free, no-obligation consultation today.
Enforcement and Removal Operations
The Enforcement and Removal Operations is the ICE department that enforces the nation’s immigration laws. The opening statement to agency’s mission is “[t]o identify, arrest, and remove aliens who present a danger to national security or a risk to public safety, as well as those who enter the United States illegally…”
What is Wrongful Deportation?
Deportation is the formal removal of a foreign national from the U.S. for violating an immigration law. Typically, while these deportation proceedings are in motion, noncitizens will be placed into an immigration detention center. However, there are times when Immigration and Customs Enforcement gets it wrong and detains or begins deportation proceedings for citizens. There have been several cases where ICE has detained and deported American citizens or green card holders who have not violated the terms of their status.
When ICE officials claim that you are not a U.S. citizen, the burden is on you to prove that you are in fact one. However, this is often an uphill battle because you will have to do this without a knowledgeable immigration attorney. This puts not just noncitizens at an unfair advantage, but also citizens who have to prove their status. Immigration and deportation hearings are actually civil proceedings—which does not guarantee the right to counsel.
How do wrongful deportations occur?
Wrongful deportation occurs when overzealous ICE agents, overburdened court judges, and other immigration staff fail to properly document and affirm a person’s citizenship status. Experts estimate that immigration officials deport hundreds of U.S. citizens every year. However, there is no real count because ICE does not keep a record of deportations. There are several reasons the government will begin deportation or removal proceedings against you. In many cases, wrongful deportations occur because of bureaucratic failures. ICE agents, prosecutors, and judges will ignore proclamations of citizenship without properly investigating the individual’s claims.
Citizens can end up on ICE’s radar in the following ways:
- Misinformation from an informant
- Returning from abroad to the U.S. without proper identification
- Criminal activity (misdemeanor or felony)
- Mistakes on jail or prison paperwork
- Careless officials
It is important to note, that wrongful deportations aren’t anything new. In fact, U.S. citizens have been deported in isolated cases and en masse, due to racism and bureaucratic indifference. The U.S. has extremely complex immigration laws—which often makes it difficult for people to truly understand their citizenship status.
While it’s easy to assume that these mistakes are easily avoidable by looking into a database, that’s actually not the case. The federal government has no comprehensive system on citizenship. The closest thing to this is the federal database of Social Security numbers. Social Security contains the information of the entire workforce combining both citizens and legally authorized noncitizens.
If you were wrongfully deported and suffered injuries or other damages, contact The Carlson Law Firm to discuss your case. A qualified Wrongful Deportation Civil Rights Lawyer can help you get started on rebuilding your life.
Who is most at risk for wrongful deportation?
The children of immigrants and citizens who were born outside of the United States are most at risk of being targeted by ICE for wrongful deportation and illegal detainment. These illegal arrests occur because of human error on the part of ICE agents. But many cases arise out of the fact that the government had not properly updated its records.
In many cases, these citizens may have difficulty proving their citizenship status as Americans. For example, some citizenship claims rest on evidence that they may not even possess, such as their parents’ naturalization certificates.
If you were wrongfully deported, contact The Carlson Law Firm to schedule a free consultation with a wrongful deportation civil rights lawyer.
How does mental health affect wrongful deportation proceedings?
Another group of citizens at risk for deportation are those suffering from a mental disability or mental illness. While criminal courts recognize the unfairness is prosecuting people who cannot understand the case against them, immigration courts have no guidance for how to achieve fair hearings for people with mental disabilities.
The single-minded focus of the American immigration process is penalizing vulnerable mental ill or disables populations with indefinite detention, erroneous deportation, and unfair hearings. These individuals may not fully understand what is going on. However, they are not entitled to legal representation in immigration court—leading to wrongful deportations.
A report by the American Civil Liberties Union and Human Rights Watch found that people with mental disabilities, including U.S. citizens, face a higher risk of having their civil rights violated by ICE. This is because those in ICE custody do not have a fair chance to represent or defend themselves. The report found that in many cases ICE attorneys prosecuting cases failed to inform an immigration judge of a diagnosed or suspected mental disability.
Citizens with mental disabilities or illness in immigration courts may:
- Not understand what the judge asks
- Not know what a judge is
- Be delusional or experience hallucinations
- Not know how to read or write
- Be unable to name their birthplace
- Not understand the concept of deportation
- Request deportation when they were not taking medication
- Not have access to a private attorney
- Not know they can ask questions or tell the judge of their mental conditions
If you or a loved one are U.S. citizens with mental illness and were wrongfully arrested or deported, contact a wrongful deportation civil rights lawyer. The Carlson Law Firm has a qualified and diverse staff who can help seek you just compensation for the violation of your rights.
What are the Conditions of Immigration Detention Facilities?
There are nearly 200 immigration detention facilities in the United States. These facilities are typically located far away from major cities. Because of the nature of immigration detention, these facilities usually mix serious criminal offenders with others who do not have criminal records.
In many cases, immigration detention facilities operate like jails or prisons. In fact, some of these detention centers benefit private prison contractors.
According to the American Civil Liberties Union, “there are no regulations or enforceable standards regarding detention conditions” in the United States. This means that in many cases, those detained in the facilities go without:
- Medical treatment
- Mental health care
- Religious services
- Access to telephones
- Free legal services
- Library materials
In addition to going without basic services, people in the nation’s immigrant detention system are dealing with more than just loss of liberty, separation from their families and deportation. They are also vulnerable to several types of abuse. These facilities may be rife with physical, mental and sexual abuse or assault.
If you or a loved one were detained in an immigration detention facility, contact The Carlson Law Firm. It is important that you understand this was a violation of your civil rights. Additionally, you may seek compensation for the government’s breach of duty to you. Schedule a free consultation with a wrongful deportation civil rights lawyer today.
Lack of Due Process in Immigration Courts
Since 2012, ICE has released more than 1,400 American citizens from its detention centers. While citizens make up a tiny fraction of the people who pass from immigration each year, citizens on ICE holds occurs with some regularity. Wrongfully detained individuals may have spent months or even years on an ICE hold. During this time, they lose jobs, suffer personal injuries from the conditions of detention centers and miss out on important time with their families.
How Does Wrongful Deportation Violate Civil Rights?
Citizens born in the United States may not have their citizenship revoked under any circumstances. As such, immigration authorities do not have the right to arrest U.S. citizens. It is a violation of your civil rights if you are an American citizen end up in an ICE hold or deported. However, this has not stopped ICE from illegally detaining and deporting citizens. When this illegal detainment and deportation occurs, the government is depriving U.S. citizens of rights, privileges, and immunities secured by the U.S. Constitution and laws.
Between 2011 and 2017, at least 1,714 people were targeted for deportation by U.S. immigration. This was in spite of the fact that these citizens presented evidence to an immigration judge establishing citizenship. Because of the lack of due process in immigration courts, the deportation process makes it difficult for citizens to challenge their unlawful deportation.
In many wrongful deportation cases, claims of citizenship go largely ignored by ICE agents. ICE agents may view a criminal background as more important than investigating claims of citizenships.
How can a Wrongful Deportation Civil Rights Lawyer Help Me?
If you were wrongfully deported and are now back in the country, you may be trying to figure out how to rebuild your life. While you may want to put the ordeal behind you, you may also want to explore your right to sue. Schedule a free, no-obligation consultation with a qualified and experienced Carlson Law Firm Wrongful Deportation Civil Rights lawyer from our firm to discuss your options. We can help you begin putting the pieces back together. Our qualified and compassionate civil justice attorneys can help you get the successful recovery that you deserve. In addition, we can help you recover the damages you deserve.
A wrongful deportation civil rights lawyer can help you determine if your specific situation falls under the:
- 1983 Claim – Civil action for deprivation of rights
- Federal Torts Claim Act
- Bivens Claim
You need to the help of a wrongful deportation civil rights lawyer to hold the government accountable for their breach of duty to you as an American citizen. It is illegal for ICE to imprison Americans. If you told an ICE agent that you were a U.S. citizen and they ignored or refused to properly investigate your citizenship claim, they breached a duty.
The Carlson Law Firm – We Care. We Can Help.
Going through an ordeal such as wrongful deportation and spending months or years illegal detention can have lasting effects. Civil rights laws are complex and it may be hard to prove a violation on your own. However, with a Carlson Law Firm’s wrongful deportation civil rights lawyer by your side, you can rest assured that you have an attorney who cares about you and is determined to help you.
We have more than 40 years of experience dedicated to protecting your rights. We offer free consultations and work on a contingency fee basis. Contact us today to schedule a free consultation.