Is DHS Fraudulently Deporting Children?
We believe so, according to the documentary evidence DHS submitted to attempt to deport several of our clients.
A short explanation:
In order for DHS to remove an immigrant alleged to be in the United States unlawfully, it must prove to an immigration judge through “clear, unequivocal, and convincing evidence” that the immigrant is removable.
To establish removability, ICE must prove must establish alienage of the immigrant alleged to be removable with “clear, unequivocal, and convincing evidence.” In short, “alienage” means a person who is a national and/or citizen of a country other than the United States.
DHS’s most common method of proving alienage of an immigrant is through the statements the immigrant made to ICE or CBP officers apprehension either at the border or in the interior. The document that contains the immigrant’s alleged statements is called Form I-213.
According to the highest immigration court in the United States “As a general rule, the Form I-213 is inherently reliable and, in the absence of indicia of unreliability, may be used to establish that an absent respondent is an alien subject to removal from the United States. See Matter of Ponce-Hernandez, 22 I&N Dec. 784 (BIA 1999); see also Bustos-Torres v. INS, 898 F.2d 1053 (5th Cir. 1990) (involving an in absentia order entered against an adult respondent). Generally, either CBP or ICE (both are under DHS umbrella)”
But in our experience, DHS created fraudulent I-213s for three of our clients who were only 4, 5, and 6 years old, respectively at the time that CBP apprehended them.
The documents are at this link and below: