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Self-deportation of American Citizens from US

Are there any restrictions in international law on charging a person to return to their own country?Deportation at port of entry in the USIs the US federal executive allowed to misrepresent federal law?What if a US dual citizen gets a US visa stamp on his foreign passport?Legal Alien Eligible for Medicare Without Working in USCan a nation A stop nation B from issuing visas to citizens of nation A?Does being in DHS custody awaiting criminal prosecution count as “time served”?How does Judge Sabraw’s injunction on family separation impact the Flores consent decree?How does Judge Boasberg’s court order affect asylum seekers who crossed the border illegally?ICE Detention of US Citizen

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3

It is conceivable that US citizens detained at CBP will self deport to exit overcrowded facilities and lengthy detainments (>20 days). How would self-deportment affect the one's ability to cross borders?

immigration

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3

It is conceivable that US citizens detained at CBP will self deport to exit overcrowded facilities and lengthy detainments (>20 days). How would self-deportment affect the one's ability to cross borders?

immigration

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edited 8 hours ago

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It is conceivable that US citizens detained at CBP will self deport to exit overcrowded facilities and lengthy detainments (>20 days). How would self-deportment affect the one's ability to cross borders?

immigration

share|improve this question

edited 8 hours ago

BlueDogRanch

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asked 8 hours ago

gatorbackgatorback

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share|improve this question

edited 8 hours ago

BlueDogRanch

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asked 8 hours ago

gatorbackgatorback

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share|improve this question

edited 8 hours ago

BlueDogRanch

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edited 8 hours ago

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2 Answers
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5

He's a citizen; his citizenship can't be taken by ICE or CBP, and he can't legally be kept from returning to the US from Mexico by them. He was offered "self-deportation" because ICE was illegally or irrationally detaining him, thinking that his documents were forged or stolen.

He could have "self-deported" in order to simply get out of detention, since it was offered by ICE; but he's a US citizen, so as soon as he was in Mexico, he could simply go to the border and cross with his documents. If CBP kept him from crossing at the border, his lawyer could attest to his citizenship with documents. And any "self-deportation" document he signed could be shown to be meaningless in court, since he's a citizen, and ICE was illegally or irrationally detaining him.

share|improve this answer

edited 8 hours ago

answered 8 hours ago

BlueDogRanchBlueDogRanch

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  Also, since he is not a Mexican citizen, Mexico would be under no obligation to allow him to enter their country, and it could deport him to the U.S. if it wished.
  
  – ohwilleke
  3 hours ago
  

  
  
  
  

add a comment | 

1

They can't take his citizenship...

Since he claims to be a born citizen, he has citizenship by birthright and nothing CBP can do can possibly revoke it.

He can voluntarily renounce his citizenship, but he has to do that through the State Dept. (which CBP is not part of). And that is an elaborate and expensive process that can't even be done inside the United States. If someone could do it merely by entering without papers and asking for a self-deport, lots of expats would save a lot of money - and that's not gonna happen :)

...but they could put him to serious inconvenience

In this particular case, CBP found his documents suspect. Probably because (if it's the case we've seen documented elsewhere) he was with two other people whose entry was illegal, and they had forged documents.

So most likely, if he agreed to self-deport, CBP would use that as prima-facie evidence that he is not a bona-fide citizen, and therefore, that his papers are faked. They certainly will not give fake papers back to someone who has tried to pass them.

So the victim would be obliged to go back to SSA, the state, etc. and re-acquire his identity documents. From outside the country. It's a pretty big chore.

share|improve this answer

edited 4 hours ago

answered 5 hours ago

HarperHarper

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• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  The citizen would be deported and have no papers? Yikes!
  
  – gatorback
  1 hour ago
  
  

  
  
  
  

add a comment | 

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5

He's a citizen; his citizenship can't be taken by ICE or CBP, and he can't legally be kept from returning to the US from Mexico by them. He was offered "self-deportation" because ICE was illegally or irrationally detaining him, thinking that his documents were forged or stolen.

He could have "self-deported" in order to simply get out of detention, since it was offered by ICE; but he's a US citizen, so as soon as he was in Mexico, he could simply go to the border and cross with his documents. If CBP kept him from crossing at the border, his lawyer could attest to his citizenship with documents. And any "self-deportation" document he signed could be shown to be meaningless in court, since he's a citizen, and ICE was illegally or irrationally detaining him.

share|improve this answer

edited 8 hours ago

answered 8 hours ago

BlueDogRanchBlueDogRanch

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• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  Also, since he is not a Mexican citizen, Mexico would be under no obligation to allow him to enter their country, and it could deport him to the U.S. if it wished.
  
  – ohwilleke
  3 hours ago
  

  
  
  
  

add a comment | 

5

He's a citizen; his citizenship can't be taken by ICE or CBP, and he can't legally be kept from returning to the US from Mexico by them. He was offered "self-deportation" because ICE was illegally or irrationally detaining him, thinking that his documents were forged or stolen.

He could have "self-deported" in order to simply get out of detention, since it was offered by ICE; but he's a US citizen, so as soon as he was in Mexico, he could simply go to the border and cross with his documents. If CBP kept him from crossing at the border, his lawyer could attest to his citizenship with documents. And any "self-deportation" document he signed could be shown to be meaningless in court, since he's a citizen, and ICE was illegally or irrationally detaining him.

share|improve this answer

edited 8 hours ago

answered 8 hours ago

BlueDogRanchBlueDogRanch

11k33 gold badges1919 silver badges3939 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  Also, since he is not a Mexican citizen, Mexico would be under no obligation to allow him to enter their country, and it could deport him to the U.S. if it wished.
  
  – ohwilleke
  3 hours ago
  

  
  
  
  

add a comment | 

He's a citizen; his citizenship can't be taken by ICE or CBP, and he can't legally be kept from returning to the US from Mexico by them. He was offered "self-deportation" because ICE was illegally or irrationally detaining him, thinking that his documents were forged or stolen.

He could have "self-deported" in order to simply get out of detention, since it was offered by ICE; but he's a US citizen, so as soon as he was in Mexico, he could simply go to the border and cross with his documents. If CBP kept him from crossing at the border, his lawyer could attest to his citizenship with documents. And any "self-deportation" document he signed could be shown to be meaningless in court, since he's a citizen, and ICE was illegally or irrationally detaining him.

share|improve this answer

edited 8 hours ago

answered 8 hours ago

BlueDogRanchBlueDogRanch

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share|improve this answer

edited 8 hours ago

answered 8 hours ago

BlueDogRanchBlueDogRanch

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answered 8 hours ago

BlueDogRanchBlueDogRanch

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answered 8 hours ago

BlueDogRanchBlueDogRanch

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1

They can't take his citizenship...

Since he claims to be a born citizen, he has citizenship by birthright and nothing CBP can do can possibly revoke it.

He can voluntarily renounce his citizenship, but he has to do that through the State Dept. (which CBP is not part of). And that is an elaborate and expensive process that can't even be done inside the United States. If someone could do it merely by entering without papers and asking for a self-deport, lots of expats would save a lot of money - and that's not gonna happen :)

...but they could put him to serious inconvenience

In this particular case, CBP found his documents suspect. Probably because (if it's the case we've seen documented elsewhere) he was with two other people whose entry was illegal, and they had forged documents.

So most likely, if he agreed to self-deport, CBP would use that as prima-facie evidence that he is not a bona-fide citizen, and therefore, that his papers are faked. They certainly will not give fake papers back to someone who has tried to pass them.

So the victim would be obliged to go back to SSA, the state, etc. and re-acquire his identity documents. From outside the country. It's a pretty big chore.

share|improve this answer

edited 4 hours ago

answered 5 hours ago

HarperHarper

4,10822 gold badges44 silver badges2222 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  The citizen would be deported and have no papers? Yikes!
  
  – gatorback
  1 hour ago
  
  

  
  
  
  

add a comment | 

1

They can't take his citizenship...

Since he claims to be a born citizen, he has citizenship by birthright and nothing CBP can do can possibly revoke it.

He can voluntarily renounce his citizenship, but he has to do that through the State Dept. (which CBP is not part of). And that is an elaborate and expensive process that can't even be done inside the United States. If someone could do it merely by entering without papers and asking for a self-deport, lots of expats would save a lot of money - and that's not gonna happen :)

...but they could put him to serious inconvenience

In this particular case, CBP found his documents suspect. Probably because (if it's the case we've seen documented elsewhere) he was with two other people whose entry was illegal, and they had forged documents.

So most likely, if he agreed to self-deport, CBP would use that as prima-facie evidence that he is not a bona-fide citizen, and therefore, that his papers are faked. They certainly will not give fake papers back to someone who has tried to pass them.

So the victim would be obliged to go back to SSA, the state, etc. and re-acquire his identity documents. From outside the country. It's a pretty big chore.

share|improve this answer

edited 4 hours ago

answered 5 hours ago

HarperHarper

4,10822 gold badges44 silver badges2222 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  The citizen would be deported and have no papers? Yikes!
  
  – gatorback
  1 hour ago
  
  

  
  
  
  

add a comment | 

They can't take his citizenship...

Since he claims to be a born citizen, he has citizenship by birthright and nothing CBP can do can possibly revoke it.

He can voluntarily renounce his citizenship, but he has to do that through the State Dept. (which CBP is not part of). And that is an elaborate and expensive process that can't even be done inside the United States. If someone could do it merely by entering without papers and asking for a self-deport, lots of expats would save a lot of money - and that's not gonna happen :)

...but they could put him to serious inconvenience

In this particular case, CBP found his documents suspect. Probably because (if it's the case we've seen documented elsewhere) he was with two other people whose entry was illegal, and they had forged documents.

So most likely, if he agreed to self-deport, CBP would use that as prima-facie evidence that he is not a bona-fide citizen, and therefore, that his papers are faked. They certainly will not give fake papers back to someone who has tried to pass them.

So the victim would be obliged to go back to SSA, the state, etc. and re-acquire his identity documents. From outside the country. It's a pretty big chore.

share|improve this answer

edited 4 hours ago

answered 5 hours ago

HarperHarper

4,10822 gold badges44 silver badges2222 bronze badges

share|improve this answer

edited 4 hours ago

answered 5 hours ago

HarperHarper

4,10822 gold badges44 silver badges2222 bronze badges

answered 5 hours ago

HarperHarper

4,10822 gold badges44 silver badges2222 bronze badges

answered 5 hours ago

HarperHarper

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