Comments on: Deported and Denied http://sepiamutiny.com/blog/2010/10/11/its_absurd_real/ All that flavorful brownness in one savory packet Sat, 30 Nov 2013 11:11:28 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: selina http://sepiamutiny.com/blog/2010/10/11/its_absurd_real/comment-page-1/#comment-279212 selina Wed, 20 Oct 2010 06:11:54 +0000 http://sepiamutiny.com?p=6346#comment-279212 <p>thanks, sepia mutiny for re-posting this devastating tale of injustice. what's equally as upsetting is that there are hundreds of thousands of people, each year, right here in the USA, who find themselves in situations just like mr. hussain's--they are deported, their lives are ripped apart, in virtual silence. they have no voice in this fascist system. their stories do not get covered and if they are covered, they are quickly forgotten about or only half the story is told.</p> <p>here are some places where folks, who feel so moved to act upon reading mr. hussain's story, can go to to make their own voices heard and give voice to the thousands who have suffered, unjustly, in silence at the hands of the US border enforcement system. these organizations do amazing work, connect with them, support them:</p> <p><a href="http://www.deportationnation.org/">http://www.deportationnation.org/</a></p> <p><a href="http://www.detentionwatchnetwork.org/">http://www.detentionwatchnetwork.org/</a></p> thanks, sepia mutiny for re-posting this devastating tale of injustice. what’s equally as upsetting is that there are hundreds of thousands of people, each year, right here in the USA, who find themselves in situations just like mr. hussain’s–they are deported, their lives are ripped apart, in virtual silence. they have no voice in this fascist system. their stories do not get covered and if they are covered, they are quickly forgotten about or only half the story is told.

here are some places where folks, who feel so moved to act upon reading mr. hussain’s story, can go to to make their own voices heard and give voice to the thousands who have suffered, unjustly, in silence at the hands of the US border enforcement system. these organizations do amazing work, connect with them, support them:

http://www.deportationnation.org/

http://www.detentionwatchnetwork.org/

]]> By: selina http://sepiamutiny.com/blog/2010/10/11/its_absurd_real/comment-page-1/#comment-279211 selina Wed, 20 Oct 2010 06:06:55 +0000 http://sepiamutiny.com?p=6346#comment-279211 <p>thanks, sepia mutiny for re-posting this devastating tale of injustice. what's equally as upsetting is that there are hundreds of thousands of people, each year, right here in the USA, who find themselves in situations just like mr. hussain's--they are deported, their lives are ripped apart, in virtual silence. they have no voice in this fascist system. their stories do not get covered and if they are covered, they are quickly forgotten about or only half the story is told.</p> <p>here are some places where folks, who feel so moved to act upon reading mr. hussain's story, can go to to make their own voices heard and give voice to the thousands who have suffered, unjustly, in silence at the hands of the US border enforcement system. these organizations do amazing work, connect with them, support them:</p> <p><a href="http://www.deportationnation.org/"><a href="http://www.deportationnation.org/"><a href="http://www.deportationnation.org/"><a href="http://www.deportationnation.org/"><a href="http://www.deportationnation.org/"><a href="http://www.deportationnation.org/"><a href="http://www.deportationnation.org/">http://www.deportationnation.org/</a></a></a></a></a></a></a></p> <p><a href="http://www.detentionwatchnetwork.org/"><a href="http://www.detentionwatchnetwork.org/"><a href="http://www.detentionwatchnetwork.org/"><a href="http://www.detentionwatchnetwork.org/"><a href="http://www.detentionwatchnetwork.org/"><a href="http://www.detentionwatchnetwork.org/"><a href="http://www.detentionwatchnetwork.org/">http://www.detentionwatchnetwork.org/</a></a></a></a></a></a></a></p> thanks, sepia mutiny for re-posting this devastating tale of injustice. what’s equally as upsetting is that there are hundreds of thousands of people, each year, right here in the USA, who find themselves in situations just like mr. hussain’s–they are deported, their lives are ripped apart, in virtual silence. they have no voice in this fascist system. their stories do not get covered and if they are covered, they are quickly forgotten about or only half the story is told.

here are some places where folks, who feel so moved to act upon reading mr. hussain’s story, can go to to make their own voices heard and give voice to the thousands who have suffered, unjustly, in silence at the hands of the US border enforcement system. these organizations do amazing work, connect with them, support them:

http://www.deportationnation.org/

http://www.detentionwatchnetwork.org/

]]> By: Ravi http://sepiamutiny.com/blog/2010/10/11/its_absurd_real/comment-page-1/#comment-279204 Ravi Tue, 19 Oct 2010 23:01:50 +0000 http://sepiamutiny.com?p=6346#comment-279204 <p>This is really sad and shocking. And even if he did unintentionally say he was a Citizen, the fact is he was a lawful permanent resident. He could ahve been admonished and served some minimum time for not carrying his Green Card with him. But to deport him? Just doesn't make sense.</p> <p>I hope he has recourse to appeal.</p> This is really sad and shocking. And even if he did unintentionally say he was a Citizen, the fact is he was a lawful permanent resident. He could ahve been admonished and served some minimum time for not carrying his Green Card with him. But to deport him? Just doesn’t make sense.

I hope he has recourse to appeal.

]]> By: Neil http://sepiamutiny.com/blog/2010/10/11/its_absurd_real/comment-page-1/#comment-279176 Neil Mon, 18 Oct 2010 08:10:56 +0000 http://sepiamutiny.com?p=6346#comment-279176 <p>Well, State and the BIA don't have the last word. The courts do. Time will tell who is right.</p> Well, State and the BIA don’t have the last word. The courts do. Time will tell who is right.

]]> By: Anoop http://sepiamutiny.com/blog/2010/10/11/its_absurd_real/comment-page-1/#comment-279173 Anoop Mon, 18 Oct 2010 04:44:53 +0000 http://sepiamutiny.com?p=6346#comment-279173 <p>I hear you - it's not my reading though. It is the position that the Department of State and Board of Immigration Appeals has taken. It's not that they missed the boat here, the BIA has repeatedly taken the position that there is no intent requirement. Generally, this has come up with minors who made false claims. Even though everyone agrees that the child could not form the intent to falsely claim to be a citizen, they still slap them with a lifetime bar. You can read the blog of a couple separated for life because of a false claim to citizenship made as a child here - http://carlosandamy.blogspot.com/. The other statute penalizing false statements explicitly uses the phrase willfully. I don't share your faith that the 5th Circuit would disagree with the BIA.</p> I hear you – it’s not my reading though. It is the position that the Department of State and Board of Immigration Appeals has taken. It’s not that they missed the boat here, the BIA has repeatedly taken the position that there is no intent requirement. Generally, this has come up with minors who made false claims. Even though everyone agrees that the child could not form the intent to falsely claim to be a citizen, they still slap them with a lifetime bar. You can read the blog of a couple separated for life because of a false claim to citizenship made as a child here – http://carlosandamy.blogspot.com/. The other statute penalizing false statements explicitly uses the phrase willfully. I don’t share your faith that the 5th Circuit would disagree with the BIA.

]]> By: Neil http://sepiamutiny.com/blog/2010/10/11/its_absurd_real/comment-page-1/#comment-279119 Neil Fri, 15 Oct 2010 19:26:57 +0000 http://sepiamutiny.com?p=6346#comment-279119 <p>I disagree with Anoop's reading of the law. There is no suggestion in the statute that it is a strict liability offense with no mens rea (intent) element within it. The very phrase "falsely represents" has a plain English meaning that requires knowledge that the representation is false, and the making of a representation that is itself deliberate. Mumbling something incoherently and in a confused, nervous jumble of words is not a "representation" under its simple dictionary definition.</p> <p>The Board of Immigration Appeals simply missed the boat in applying the law as written to the actual facts of this case.</p> <p>I don't know why this hasn't gone up yet to the federal court system, and will assume that's in the works now. Once it does, I doubt a federal district judge or a 5th Circuit appellate panel would disagree with the argument that the statute requires an actual intent to deceive, and there simply can be no such intent (much less actual "deception," except for approximately 2 seconds) in circumstances where a nervous, 21-year old legal resident coughs out the words, "I'm a citizen. No wait, I'm a resident, sorry, I screwed up." The so-called "judges" sitting on the BIA get whacked down by the court system on a regular basis. I suspect and hope that will happen eventually in this tragic situation.</p> I disagree with Anoop’s reading of the law. There is no suggestion in the statute that it is a strict liability offense with no mens rea (intent) element within it. The very phrase “falsely represents” has a plain English meaning that requires knowledge that the representation is false, and the making of a representation that is itself deliberate. Mumbling something incoherently and in a confused, nervous jumble of words is not a “representation” under its simple dictionary definition.

The Board of Immigration Appeals simply missed the boat in applying the law as written to the actual facts of this case.

I don’t know why this hasn’t gone up yet to the federal court system, and will assume that’s in the works now. Once it does, I doubt a federal district judge or a 5th Circuit appellate panel would disagree with the argument that the statute requires an actual intent to deceive, and there simply can be no such intent (much less actual “deception,” except for approximately 2 seconds) in circumstances where a nervous, 21-year old legal resident coughs out the words, “I’m a citizen. No wait, I’m a resident, sorry, I screwed up.” The so-called “judges” sitting on the BIA get whacked down by the court system on a regular basis. I suspect and hope that will happen eventually in this tragic situation.

]]> By: Lindsey http://sepiamutiny.com/blog/2010/10/11/its_absurd_real/comment-page-1/#comment-279112 Lindsey Fri, 15 Oct 2010 18:20:42 +0000 http://sepiamutiny.com?p=6346#comment-279112 <p>"She came to Texas in the arms of her mother, Ilaria Mendoza, when she was only six months old.</p> <p><bold>At that time, it was normal for both Mexicans and Americans to travel across the border in either direction without being forced to show documentation </bold>.</p> <p>Ms Garcia's single mother made a living washing clothes - and together they lived a quiet life in Brownsville.</p> <p>In 1940, the US Congress passed the Alien Registration Act, or Smith Act, which required all non-citizens already in the country to register with the government.</p> <p><bold>She registered, along with millions of other immigrants, and received a Certificate of Lawful Entry card, issued to her on 4 April 1941.</p> <p>With the government-issued card in hand, she crossed the border to visit family and friends for decades without a problem. </bold></p> <p>The card has now also made it possible for Ms Garcia to become a US citizen."</p> <p>http://www.bbc.co.uk/news/world-us-canada-11529577</p> “She came to Texas in the arms of her mother, Ilaria Mendoza, when she was only six months old.

At that time, it was normal for both Mexicans and Americans to travel across the border in either direction without being forced to show documentation .

Ms Garcia’s single mother made a living washing clothes – and together they lived a quiet life in Brownsville.

In 1940, the US Congress passed the Alien Registration Act, or Smith Act, which required all non-citizens already in the country to register with the government.

She registered, along with millions of other immigrants, and received a Certificate of Lawful Entry card, issued to her on 4 April 1941.

With the government-issued card in hand, she crossed the border to visit family and friends for decades without a problem.

The card has now also made it possible for Ms Garcia to become a US citizen.”

http://www.bbc.co.uk/news/world-us-canada-11529577

]]> By: RD http://sepiamutiny.com/blog/2010/10/11/its_absurd_real/comment-page-1/#comment-279109 RD Fri, 15 Oct 2010 15:20:20 +0000 http://sepiamutiny.com?p=6346#comment-279109 <p>Excuse me, but did you miss the part in the article that said the 101 yr old lady crossed the border several times, all life, until recently, claiming that she was a citizen? She stopped doing that only recently when they got tighter at the border. How's that different from this guy who claimed he was citizen out of fear?</p> Excuse me, but did you miss the part in the article that said the 101 yr old lady crossed the border several times, all life, until recently, claiming that she was a citizen? She stopped doing that only recently when they got tighter at the border. How’s that different from this guy who claimed he was citizen out of fear?

]]> By: Ashish http://sepiamutiny.com/blog/2010/10/11/its_absurd_real/comment-page-1/#comment-279031 Ashish Thu, 14 Oct 2010 02:06:33 +0000 http://sepiamutiny.com?p=6346#comment-279031 <p>John, from your name, I'm guessing that you are white - or you look white. In the eyes of the INS, that makes all the difference. Speaking from experience as a clean cut but dark-skinned US citizen who always seems to get "randomly" stopped when leaving or entering the country.</p> John, from your name, I’m guessing that you are white – or you look white. In the eyes of the INS, that makes all the difference. Speaking from experience as a clean cut but dark-skinned US citizen who always seems to get “randomly” stopped when leaving or entering the country.

]]> By: Lindsey http://sepiamutiny.com/blog/2010/10/11/its_absurd_real/comment-page-1/#comment-279029 Lindsey Thu, 14 Oct 2010 00:44:00 +0000 http://sepiamutiny.com?p=6346#comment-279029 <p>First of all this is totally messed up... I mean, for serious? A lot of people are saying they can't understand how he said "citizen" accidentally... I can understand that.. I mean if I am feeling nervous, or sleepy, or having a bad day., I sometimes use the wrong word... it seems quite human to me. It's not like he was not supposed to be here, he's a legal resident!</p> <p>Dialgoue: Jerkface Borderwhatever dude: "Are you a citizen?" Guy: "What?, yes.. I..." JBD: "You're a citizen???" G: "No I mean I'm a legal resident, I have my green card." JBD "You just falsely said you were a citizen! You're getting deported!"</p> <p>BTW, that 101 year old lady entered the country legally when a completely different set of rules were allowed... so it would be silly to compare them, since she didn't break any laws, not even accidently.</p> First of all this is totally messed up… I mean, for serious? A lot of people are saying they can’t understand how he said “citizen” accidentally… I can understand that.. I mean if I am feeling nervous, or sleepy, or having a bad day., I sometimes use the wrong word… it seems quite human to me. It’s not like he was not supposed to be here, he’s a legal resident!

Dialgoue: Jerkface Borderwhatever dude: “Are you a citizen?” Guy: “What?, yes.. I…” JBD: “You’re a citizen???” G: “No I mean I’m a legal resident, I have my green card.” JBD “You just falsely said you were a citizen! You’re getting deported!”

BTW, that 101 year old lady entered the country legally when a completely different set of rules were allowed… so it would be silly to compare them, since she didn’t break any laws, not even accidently.

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