It all began in 2007. Jacqueline Stevens (1962) read about Pedro Guzmán, a mentally ill 31-year-old man who was jailed for a misdemeanor in Los Angeles, California, where he was born, when he was removed from the country as an illegal immigrant. Guzmán was deported to Mexico and spent three months adrift, sleeping on the streets and eating out of the garbage, while his family desperately searched for him. Learning of his story made the researcher and professor of political science at Northwestern University (Illinois) set out to study something that until then no one had analyzed in depth: how many U.S. citizens are deported by their own country’s immigration authorities, a phenomenon the federal government does not track on its own.
“It occurred to me that if this was happening to one person, it was probably happening to many others as well. That whatever the protocols were that led to Mr. Guzmán being deported were leading to other people who were citizens being deported as well,” Stevens tells EL PAÍS by telephone from Chicago.
She examined years of immigration court records, reviewed thousands of cases and government documents, and interviewed immigration judges, attorneys and deported citizens. And she found that at any given time, about 1% of those detained by immigration authorities and 0.5% of those deported are actually U.S. citizens. Although this is a small share of the total number of deportations that take place, the consequences can be traumatic, as they were for Guzmán.
Stevens’ work has become even more important now that Donald Trump’s administration is entertaining the idea of deporting U.S. citizens convicted of crimes. The president has said he is considering sending them to prisons in El Salvador, where he already transferred more than 200 immigrants without due process after accusing them of belonging to Latin American gangs. “The home-growns are next,” the Republican told Salvadoran President Nayib Bukele during his official visit to the White House last week.
His statement set off alarm bells of all kinds, but for Stevens, who founded the Deportation Research Clinic at Northwestern, it was nothing new.
Question. How alarming are the president’s latest comments about holding U.S. citizens in prisons in El Salvador?
Answer. I don’t see how this is even plausible. Leaving aside the constitutional issues, if you’re going to put somebody in federal custody as punishment, the facility has to conform with all sorts of regulations from the Federal Bureau of Prisons. To the extent that they’re able to implement any of those regulations outside the United States, it would be extremely expensive and really undermine the whole theater Trump has in mind, because those facilities would actually have to conform with the standards already in place in the U.S. And once that happens, it kind of takes the fun out of it for the president.
Q. And his argument is that it will actually be cheaper to do it in El Salvador.
A. Exactly, and it won’t be. There’s no loophole that says that you can have people in custody for federal crimes and not have the Bureau of Prison Regulations apply if you incarcerate them in El Salvador.
Q. But his administration is continuing to insist on it.
A. This is actually not new to Trump, but he’s trying to associate criminality with otherness and alienness, and therefore, taint the people who are in these kinds of proceedings and make the public think that it doesn’t matter if we put them in a different country. But to the extent that we are considering punishing people for stealing a car by sending them to El Salvador if they are citizens, we should also take a second look at our impulse to do that if they’re non-citizens as well.
Q. How do deportations of U.S. citizens take place? Since there should be legal protections to stop them from happening.
A. The problem is that there aren’t protections to stop this from happening. The premise of deportation proceedings is that the person that you have in custody is a non-citizen and therefore, the Constitution is able to provide very few protections to them. The issue with that is that when you make that assumption, you’re going to end up deporting the wrong people, including U.S. citizens. I want to be really clear about this: the reason I do this research is not because I care more about U.S. citizens than anybody else, but in fact to highlight exactly this problem. Because if you go into an immigration court as a U.S. citizen and still get deported, that tells us an awful lot about the low level of legal protections there for everybody else.
Q. This is going to sound really obvious, but can you explain why it’s illegal to deport U.S. citizens?
A. Immigration and deportation laws are only for non-citizens, they legally cannot apply to someone who is a U.S. citizen. It’s like asking, can you please explain why it’s illegal to find somebody who is innocent guilty? By definition, it’s impossible, and yet it happens.
Q. You started researching this because there wasn’t anyone else tracking this issue, least of all the government. Why do you think there’s so much secrecy around it?
A. There’s still no solid data on this in terms of the magnitude of how this is happening across the country. At some point, I thought I had a workaround to that. I thought that I would do a FOIA request for all the data indicating country of origin in cases in immigration court. Because I knew that some of these people were born in the United States, and in an immigration court proceeding, it should indicate that they were claiming that their country of origin was the United States. However, what I learned is that the Department of Justice Executive Office of Immigration Review, which is the agency that oversees the immigration courts, relies exclusively on the data of ICE [Immigration and Customs Enforcement] for that field. And ICE is never going to go into court and say, “Hey, here’s someone from the United States, judge, please deport them.” So their data indicated, in some cases, inaccurately, that the person was born outside the United States. That is pretty clear evidence that the federal government for decades has recognized that people in their custody were U.S. citizens.
Q. But they’re not going to publicly acknowledge it because then they would have to admit that they are doing something that is illegal.
A. And they don’t want to acknowledge that because they cannot run this system consistent with the U.S. Constitution and also admit that they’re deporting U.S. citizens. That’s actually been a huge problem in recent years. The more the research that I’ve done has gained traction in the media, the harder ICE is trying to push back in these cases of people claiming U.S. citizenship. In the past, they would pretty quickly acknowledge they made an error and release the person and terminate the deportation proceeding. But now they go to ridiculous extents to try to make those assertions.
Q. And that’s only going to get worse now under the Trump administration.
A. Exactly.
Q. In your research, have you noted any differences between people who were born in the U.S. and naturalized citizens when it comes to them being deported?
A. Ironically, it’s actually easier for people who are naturalized citizens to prove their citizenship than it is for people born in the United States or who have automatically acquired citizenship at birth. The reason for that is that if you’re naturalized, you have all the paperwork from Homeland Security that shows the process of your naturalization. If you’re born in the United States, it’s not that easy. Recently there was a case about a guy who was born in California. When he tried to return to the country with his birth certificate and so forth, the border patrol said, “oh, you must have gotten that fraudulently.”
Q. So even a U.S. birth certificate isn’t considered sufficient documentation anymore?
A. Even when you have the fingerprints and can prove that you’re the person who’s associated with the birth certificate, they still may not recognize that.
Q. Has anything struck you particularly in your research?
A. In a lot of these cases of U.S. citizens who are deported, ICE will spend a huge amount of time emphasizing their criminal record. And you can see that in the Guzmán case, where they talk about how this person was a gang member and so forth. As though to point that out is to justify deporting a U.S. citizen.
Q. It’s similar to what they’re now doing to Kilmar Abrego García in trying to justify his deportation even after admitting it was carried out in an administrative error. It’s all part of the same modus operandi.
A. And in that sense what Trump is saying is not new and in fact resonates with how ICE has been operating for quite some time.
Sign up for our weekly newsletter to get more English-language news coverage from EL PAÍS USA Edition