ICE Detained Woman For An Entire Month Even Though She Says Shes A U.S. Citizen

[Judi Lynn]

Source: Huffington Post

03/09/2017 05:24 pm ET | Updated 9 minutes ago



“She was sleeping on a hard floor with no blankets. There were roaches everywhere,” her attorney said.
By Willa Frej



Elizabeth Hernandez-Carrillo was at home in Lilburn, Georgia last month when Immigration and Customs Enforcement agents stormed her building and arrested her in a raid, locking her in a detention center with the intention of deporting her to Mexico. But she insists she’s a U.S. citizen, even though she’s faced a deportation order for several years.

Authorities eventually released her on Wednesday after she spent a month in detention, Hiba Ghalib, her attorney, told The Huffington Post.

The situation of Hernandez-Carrillo, a mother of four children, one of whom is a Marine, highlights the complex problems facing the immigration system.

She was born in Mexico and moved to the U.S. with her mother and stepfather ― a U.S. citizen ― when she was 10 years old, Ghalib said. Up until recently, Hernandez-Carrillo assumed she would remain a permanent resident through her stepfather, who legally adopted her after he married her mom. But she eventually discovered that her birth father was actually a citizen himself, making her eligible for citizenship.



Read more: http://www.huffingtonpost.com/entry/ice-detained-woman-month-citizen_us_58c18e9fe4b0d1078ca4cf9c?pqvqsp0rsomq85mi&section=us_world

[luvMIdog]

1. This is so shameful

[Eliot Rosewater]

2. America ceased to exist the day the election was stolen by fascists.

[Hortensis]

7. Nuts to that. You may have lost yourself,

but I am an American with all the same principles and values.

[KentuckyWoman]

16. THIS

thank you.

[cstanleytech]

3. So is she legally a citizen or is it a case of she has the potential to gain citizenship via

her real father or by her stepfather?

[Doreen]

4. Nope, even if the adopted father is an American citizen a child from ANY country does not gain auto

American citizenship. They have to take the test like anyone else from another country. The only thing that child gets from a military father is the GI to go to college but of course they have to be in this country. Some to get back have to get their naturalization papers notarized.

[tblue37]

5. But apparently her biological dad was also a citizen (per article). nt

[Doreen]

9. If he was born in Mexico it does not make a difference.

We have already seen US citizens born in another country being detained and deported.

[tblue37]

10. But it should make a difference. nt

[Doreen]

11. It should but it doesn't always.

[christx30]

14. Her bio dad is a citizen, but if she was born

in Mexico, she's a Mexican national, not a US citizen.

If a US man goes down to Mexico, sleeps with a Mexican woman, the child is not automatically a US citizen. They have to, according to fill out additional forms:

As U.S. citizen parent(s), you should report your child’s birth abroad as soon as possible to the U.S. Consulate to establish an official record of the child’s claim to U.S. citizenship at birth. The official record will be the Consular Report of Birth Abroad, Form FS-240 which is a basic United States citizenship document.

Consular Report of Birth Abroad (CRBA)

A Consular Report of Birth (CRBA) is evidence of United States citizenship, issued to a child born abroad to a U.S. citizen parent or parents who meet the requirements for transmitting citizenship under the Immigration and Nationality Act (INA).

CRBA applications must be made before the child’s 18th birthday, and we recommend that the parents apply for the CRBA as soon as possible after the child’s birth. For applicants older than age 18 who have never been issued a CRBA, please refer to Possible Derivative Claim to U.S. Citizenship. Anyone who has a claim to U.S. citizenship must be in posession of a valid U.S passport to enter and exit the United States, even if they have citizenship of another country, as well.

Sauce: https://mx.usembassy.gov/u-s-citizen-services/birth/report-birth-abroad/

[tblue37]

6. From article :

ICE did not respond to a request for comment, but a 2011 University of California, Berkeley, School of Law study highlights that arrests of U.S. citizens do sometimes occur. In a random national sample of 375 people arrested by ICE, 1.6 percent were U.S. citizens.

[DK504]

8. It's time for the feds to step in and stop this in it's tracks.

[yardwork]

17. Are you being sarcastic? It's the Feds who are doing this.

[Ilsa]

12. What did she do wrong? What crime did she commit making her a target for deportation? NT

[Mr. Evil]

13. Probably ratted out by a Trumptilian

because she may have darker skin.

This is amazing. A hard working woman with a son a US Marine is arrested all the while a lying, traitorous scumbag colludes with the Russians and becomes the president. Un-fucking-believable!

[tblue37]

15. A drug offense. nt

[cstanleytech]

18. Oh, thats going to make it even harder for her to obtain citizenship. nt