A judge ruled this veteran is a US citizen. Now he faces deportation to Mexico

[Eugene]

Source: The Guardian

A judge ruled this veteran is a US citizen. Now he faces deportation to Mexico

The case of George Ybarra, currently in an Arizona detention center, has been criticized as a cruel and extraordinary application of immigration laws

Sam Levin in San Francisco
Friday 1 September 2017 12.00 BST

A decorated US marine corps veteran who a federal judge ruled was an American citizen is facing deportation to Mexico, in a case that has been criticized as a cruel and extraordinary application of immigration laws.

The US government’s ongoing effort to deport George Ybarra, who is currently locked up in an Arizona detention center, has shed light on the vulnerabilities of foreign-born Americans who have served in the military, along with the deportation threats that can plague even those who are deemed to be citizens and have deep ties to the country.

Ybarra, who was honorably discharged after serving in the Persian Gulf war and earning numerous badges and medals, is facing deportation due to a criminal history that his family says is tied to mental health struggles and post-traumatic stress disorder (PTSD) from his service. While there have been growing concerns about the removal of veterans and the harsh policies of deporting people for minor crimes, Ybarra’s case is particularly troubling to immigrant rights’ advocates given a judge’s acknowledgement that he is US citizen.

“George hopes he will be able to stay in the country he fought for,” Luis Parra, Ybarra’s attorney, told the Guardian. “He is a third-generation (US) citizen … It would be a very extreme hardship for George to have to relocate to Mexico.”

-snip-

Read more: https://www.theguardian.com/us-news/2017/sep/01/george-ybarra-veteran-deportation-mexico-arizona

[egold2604]

1. He can go to work for Eric Prince

[Moral Compass]

2. I'm sorry. What am I missing here?

He is a "3rd generation US citizen" and he can be subject to deportation?

So, because his grandparents came from Mexico and he has committed crimes he can be deported to Mexico?

Can someone with a background in law explain this one to us all?

[TomSlick]

3. I got nothing.

Seems to me that if a federal judge has ruled that he is a citizen, that would end the matter absent an appeal. I think if I was the federal judge, I'd be sending the US Marshalls to ICE to bring someone in to show cause why s/he ought not be held in contempt.

[Moral Compass]

4. Thanks

That's what I was thinking. But not being a lawyer I at least wanted to ask before shooting my mouth off.

I guess this would create new law. If I commit a crime then I could be deported to Germany since my great grandfather was the son of a German immigrant. Or if they want to go back to the early 1700s they could deport me to Ireland.

Of course, I'm white so this probably doesn't apply to me.

Do we even pretend to have a legal system any more?

[Igel]

5. Here's what I get from the article.

Read it carefully.

The case involved whether he should be released from custody. The judge ruled he should be released. There's sufficient evidence to believe he's a citizen, coupled with everything else, he's not a flight risk or a danger.

But the judge didn't rule him a citizen. That's more of a determination by other courts. Even that court didn't find he was a citizen. Not that court's job.

He was born in Nogales, Mex. That's immediately a problem, but if you're born to a US citizen living abroad you're a US citizen and regularizing your status is something you can easily do. But it's something you need to do. We like government. There's a process for this.

Except there are restrictions on who can claim citizenship, but I'm sketchy on them. The father or mother must have been present in the US for so many years in some time period prior to the kid's birth, I think it was. They recently changed as the result of court order--the time period was greater for the man than for the woman, somebody claimed this was sexist. The result was that the time period for the woman, if I recall correctly, was increased instead of the time the man had to be resident in the US decreased, so the guy lost his case and it became *harder* to have birth abroad as ground for citizenship. More equal, but harsher.

And you still have to provide evidence of paternity, if citizenship's claimed through the father's line. And submit evidence of who's your mother, too. In other words, you're not assumed a citizen until proven otherwise.

In any event, citizenship isn't automatic, as is when you have a US birth certificate. He hasn't done this, or the immigration/naturalization court with original jurisdiction hasn't ruled. So there can be sufficient evidence for a court to order him released but until he actually regularizes his status his citizenship isn't acknowledged.