What to Do if a U.S. Citizen Is Told to Leave the Country by Immigration Authorities
Being instructed to leave the United States by immigration authorities is a frightening encounter—especially for an American citizen. U.S. citizens are normally not deportable. However, mistakes in identity, mistakes in files, or misunderstandings about documents could lead to incorrect targeting. If you are an American citizen and you're given this instruction, it's essential that you keep your cool and do the following to protect your rights.
1. Know Your Rights as a U.S. Citizen
First and foremost, realize that U.S. citizens who are natural-born or naturalized cannot be deported or removed from the United States. Immigration law only applies to non-citizens. If immigration agents (like ICE or CBP) are telling you to depart from the country, it is quite possible that they have the erroneous belief that you are not a citizen. You are entitled to prove your citizenship and remain in the United States.
2. Request Immediate Legal Representation
You might have the right to speak with a lawyer, even if you are being detained or questioned by immigration officials. Politely but firmly inform them that you wish to speak with a lawyer. You shouldn't sign anything or consent to leave the U.S. without first speaking with a lawyer. Some papers may be offered as voluntary departure, and this can have a significant impact on your future rights and legal status.
3. Submit Evidence of Citizenship
Where possible, submit the evidence that confirms your citizenship. Eligible documents include:
Current or expired U.S. passport
Certificate of Naturalization
Certificate of Citizenship
U.S. birth certificate (born in the U.S.)
Consular Report of Birth Abroad (born abroad to U.S. citizen parents)
If you don't carry these records with you, don't panic. Let the authorities know that you are an American citizen and that you will provide documents through your attorney or family.
4. Phone Family or a Close Friend
If you are arrested, try to call someone you can trust who can organize legal assistance and retrieve your citizenship documents. Inform them of your whereabouts and circumstances. They may also call on organizations such as the ACLU or an immigration legal aid program for support.
5. File a Complaint or Habeas Corpus Petition if Necessary
If you are mistakenly detained and cannot obtain your release, your attorney can file a federal court habeas corpus petition. It is a court action that challenges illegal imprisonment. There have been sporadic, legitimate instances of U.S. citizens being detained or deported from the country due to bureaucratic errors or inadequate paperwork.
Also, a grievance can be filed against the concerned agency, e.g., ICE, for wrongful detention or civil rights violations.
6. Seek Help from Advocacy Organizations
Organizations like the American Civil Liberties Union (ACLU), the National Immigration Law Center, or the Immigrant Legal Resource Center generally provide assistance in such cases. They can potentially provide legal help, publicize your case, or help in getting you in contact with immigration attorneys.
7. Follow Up. Check Your Records
After you have corrected the problem, it is a good idea to apply and verify your records for immigration and citizenship to ensure there are no further errors. Attempt to obtain a passport if you do not already have one, as it is one of the strongest proofs of U.S. citizenship.
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Conclusion
To be ordered to leave the country as an American is a grave and stressful experience, but it may be corrected through the proper steps. Know your rights, don't accept any removal proceeding without an attorney, and seek help immediately. There are mistakes owing to mistaken identity and bureaucratic error, but even those mistakes may be corrected. By being aware and accessing proper support, you can protect your freedom and your status.
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