Things That Matter

ICE Admits It Made A Mistake In Deporting This Guatemalan Man So Why Hasn’t He Been Brought Back?

Although the Coronavirus pandemic poses special risks to migrants who are returned to their countries – as well as the communities they’re put back into – U.S. Immigration and Customs Enforcement (ICE) continues to deport migrants by the thousands.

There have been several reports of deportees spreading Covid-19 back in their communities after being removed from the U.S., which makes sense considering the U.S. is leading the world in Covid-19 infections.

However, ICE has admitted that they made a mistake with one recent deportation, when they removed a man who was legally awaiting his asylum process.

A Guatemalan man was wrongfully deported and ICE admits it was their mistake.

A 29-year-old Guatemalan man seeking asylum in the U.S. was mistakenly deported by authorities despite the lack of a deportation order – and worse, before he even had his first appointment in immigration court.

César Marroquín was deported August 19 – the same day he he was supposed to appear for the first time before an immigration judge. Instead, he was sent back to Guatemala – with dozens of other deportees – the country from which he fled after being the victim of aggression and kidnapping, according to his account.

“They told me that if I didn’t get on the plane, I’d be charged,” Marroquín told Noticias Telemundo. “There was some mistake with me in the system.”

His current attorney, Marty Rosenbluth, believes it is a flagrant error. “I’ve seen quite a few cases of people who were deported in error. I’ve never seen one quite like this where they were deported even before their first hearing, “ he told NBC News.

The Immigration and Customs Enforcement agency, or ICE, said in a statement that Marroquín’s deportation was due to an “administrative error” while his case was still open.

Despite their mistake, Marroquín remains in Guatemala.

Although the mistake lay completely with U.S. ICE agents, Marroquín remains in his native Guatemala at risk of further persecution.

According to Marroquín’s official complaint filed in Guatemala, he said he suffered political persecution and physical violence after he supported a local politician and turned down a request to work with a rival one. After that, he said he was threatened and his home was damaged and raided; he also suspects someone tampered with his car. Marroquín said he was then kidnapped at gunpoint, tortured for several days and then left on the side of the road. He decided to leave the country after that and sought asylum protections in the United States.

The authorities and Marroquín’s attorney are now working on his readmission to the United States.

“This type of gross negligence is completely inexcusable,” said Rosenbluth, his current attorney. “The law is very, very clear that they can’t deport someone in the middle of their immigration court proceedings. They’re just not allowed to do it.”

Of course, not surprisingly, this isn’t the first time the immigration agency has made a mistake in deportations.

In 2018, ICE made a similar mistake with an undocumented inmate at a New Hampshire jail. ICE agents violated an appeals court order and deported the man back to El Salvador, where he lost 60 pounds and was subject to starvation, beatings, and overcrowding, according to the American Civil Liberties Union-New Hampshire, which represents the man.

“This is a very serious matter to us,” said Scott Grant Stewart, a deputy assistant U.S. attorney general, who appeared before a three-judge panel to explain the error. “We’re sorry for the violation of the court’s order. This was inadvertent. We do acknowledge the error.”

In fact, there are thousands of documented cases of U.S. citizens being deported by ICE.

According to a Northwestern University political scientist, Jacqueline Stevens, more than 1,500 U.S. citizens have spent time in immigration detention or even been deported between 2007 and 2015. More recent examples abound of the U.S. government detaining citizens after falsely accusing them of breaking immigration laws.

ICE authorities reportedly detained for three days Jilmar Ramos-Gomez, a veteran born in Grand Rapids, Michigan who served with the Marines in Afghanistan, in 2018 because the agency did not believe he was born here.

ICE also detained for more than three weeks a man named Peter Brown who was born in Philadelphia and lived in the Florida Keys in 2018 because the agency confused him with an undocumented Jamaican immigrant – who was also named Peter Brown.

In 2007, the government settled a lawsuit arising from ICE’s detention of 6-year-old Kebin Reyes. ICE detained the California-born child for 10 hours when it picked up his undocumented father, even though his father immediately handed the authorities Reyes’ U.S. passport to prove the boy’s citizenship. And Justice Department records obtained by the Los Angeles Times indicate that a 10-year-old boy from San Francisco was mistakenly held in immigration detention in Texas for two months, according to his lawyer.

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