No, I didn’t see that. Thank you.
I withdraw my objection to his detention.
His mother committed a crime, however, it doesn’t change the fact that he is a us citizen by location of birth.
I didn’t have an objection to the detention itself. The detention lasting three weeks, without access to a phone or lawyer, is the issue I have. Also, I don’t think they had any intention to release him before the story broke. He was just a cog in the machine. This was not an illegal immigrant. This man is an American, and should be treated as such.
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I agree about the phone and the lawyer.
This man was not American. He is now.
Yes it does. She falsified documents, making it not a fact.
The hospital staff certify where the birth occurred, not the mother, when they register the birth with TER.
https://www.dshs.texas.gov/vs/field/docs/Birth-Registration-Handbook.pdf
We’ll just have to disagree on that one. He was American for 18 years until one border patrol guard decided that he may not be? It’s okay to say the government screwed up. The government is made of people and they make mistakes.
His mother didn’t help the matter by being an idiot either.
Sorry, a falsified birth certificate is invalid. That doesn’t mean he isn’t a citizen but it does mean he has no valid documentation to prove he is one. He’s an adult, he should have acted to have that rectified. And before this guy runs to court to sue, his lawyer should probably advise him of this Texas statute.
from https://codes.findlaw.com/tx/penal-code/penal-sect-37-10.html
(a) A person commits an offense if he:
(1) knowingly makes a false entry in, or false alteration of, a governmental record;
(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;
And he’s going to have a hard time arguing he didn’t know it was falsified when he tried to use it, since we can assume he knew what his mothers real name was. And sure, it’s a misdemeanor for him, but it’s a class three felony for mom. Not to mention bringing her to the attention of the courts and law enforcement should result in her deportation.
They didn’t screw up, he was apprehended near the border and his documents were falsified and his cob was listed as Mexico on another government form. They had every reason to suspect he was an illegal alien given those two facts.
If you keep stretching far enough, you can probably deflect the blame from CBP and have him convicted, in your eyes, of all kinds of things. In the real world, nobody is going to prosecute this case…
Can we agree that they screwed up by denying him a bond hearing within 72 hours?
No, they screwed up by not quickly figuring out what is going on. This is not Europe. You have a right to a speedy court process.
Being detained is part of that process. You can’t just hold people Willie Nellie because their information is suspicious.
As soon as it’s proven they did instead of it just being an allegation by him and his lawyers, sure thing. Same goes for denying him a phone call. Assuming that is the statutory or regulatory time period one must be granted.
Not suspicious, falsified and sure you can. As to “speedy”, define speedy, preferably by statute or court precedent and not what you personally consider it to be.
CBP doesn’t allow detainees to make phone calls… He wasn’t able to call anyone till last Saturday when he was transferred to ICE which resulted in his mother hiring a lawyer. Does it take three weeks to verify this information?
72 hours to be charged seems to be the standard.
Yes, they do allow phone calls.
Please keep in mind that CBP inspects hundreds of travelers a day and does not keep a running list of every person they encounter. If your relative or friend was in fact detained by CBP for questioning or for violating CBP regulations, they will be given an opportunity to contact someone, particularly if their detention lasts for more than two hours.
That settles it, CBP’s own document… I’m sure they won’t mind producing records of the number of calls made by detainees when subpoenaed
Here is what I suspect the hold up was on his getting bond…
from https://www.nolo.com/legal-encyclopedia/immigration-detention-rules-undocumented-alien.html
One of the first things you should do when detained is to ask the deportation officer for a bond determination. A bond is an amount of money that someone you know will have to hand over in order to secure your release and compliance with the immigration process, as discussed below. The person posting the bond on your behalf must be in lawful status, typically either a lawful permanent resident or U.S. citizen.
How would someone detained without access to the outside world know to do ask for bond? Remember, he did not have access to a phone or a lawyer.
