Disappeared and Departed By Lucero Chavez, ACLU of Southern California & Sean Riordan, ACLU of San Diego & Imperial Counties
From the ACLU: Why are so many Mexican nationals with deep family ties in the United States and strong claims to reside here lawfully instead “choosing” to be immediately expelled from the country? Because immigration enforcement authorities in Southern California routinely pressure these immigrants – some of whom have been here for decades – to surrender their right to seek legal status. Through abuse of a process known as “administrative voluntary departure,” Border Patrol and Immigration and Customs Enforcement (ICE) officers compel these immigrants to involuntarily sign summary expulsion orders. Today, the ACLU and Cooley LLP filed suit in California to challenge these endemic abuses.
From a day laborer arrested for lack of proper identification, to a worker stopped for driving without a license, to a young woman with cognitive disabilities who could not assert her own rights, numerous aspiring citizens – people whom the President has deemed part of the fabric of our great nation – are subject to coerced voluntary departure. Our lawsuit alleges that Border Patrol and ICE officers in Southern California systemically employ pressure, deception, and threats to effectively force individuals to sign for voluntary departure. These officers often tell individuals that they “have to” sign for voluntary departure and that they have “no rights.” In addition, officers systemically lie, give patently false “legal advice,” and even use pure physical force to coerce individuals to sign away their rights. Officers routinely mislead individuals into signing for voluntary departure by telling them they can easily obtain lawful status to return to the United States once in Mexico. In actuality, there are significant legal impediments to obtaining legal status from Mexico after voluntary departure. Immigration officers also refuse to let individuals contact their families or legal counsel while they are faced with the “choice” of whether or not to sign a voluntary departure form.
KJ