THRURN MAIRN CIVIL LIBERTIES UNION FILED A CLASS ACTION LAWSUIT AGAINST THE DEPARTMENT
OF HOMELAND SECURITY.
THE SUIT ALLEGES IMMIGRATION AGENTS USED INTIMIDATION TO PRESSURE MEXICAN NATIONALS TO SIGN AWAY
THEIR RIGHTS IN AN IMMIGRATION HEARING.
THE BORDER LITIGATION PROJECT.
AT THE HELM OF THIS NEW PROJECT IS ACLU ATTORNEY JOINING US TODAY.
A U.S. CITIZEN WHOSE HUSBAND IS A PLAINTIFF IN THE LAWSUIT.
LET'S START WITH THIS CLASS ACTION LAWSUIT THAT CLAIMS MISINFORMATION, DECEPTION, CORGZ,
COERCION TO GET PEOPLE TO SIGN AWAY THEIR RIGHTS TO SIGN THIS VOLUNTARY DEPARTURE FORM.
WHAT IS THAT FORM AND WHAT HAPPENS IF YOU SIGN IT.
>> >>: A VOLUNTARY DEPARTURE FORM GIVES CERTAIN IMMIGRANTS THE OPPORTUNITY TO LEAVE THE UNITED
STATES WITHOUT GOING THROUGH A FORMAL REMOVAL PROCEEDING BEFORE AN IMMIGRATION JUDGE.
IF ELECTED VOLUNTARILY, IF KNOWINGLY ELECTED IT'S A DIFFERENT WAY TO LEAVE THE UNITED STATES.
WHEN YOU SIGN THE FORM, YOU CAN BE EXPELLED FROM THE UNITED STATES.
YOU ARE SUPPOSED TO HAVE A PEER WOULD PERIOD OF TIME TOOL PUT YOUR PLAINTIFFS IN ORDER.
>> >>PEGGY: IS IT ILLEGAL TO COERCE, I UNDERSTAND THE SUP REAM COURT ALLOWS LAW ENFORCEMENT
TO LIE TO PEOPLE DO GET THEM TO DO THINGS.
>> >>: IT'S A VIOLATION OF YOUR DUE PROCESS RIGHTS TO SIGN AWAY YOUR RIGHTS WITHOUT IT
BEING KNOWING AND VOLUNTARYISM.
WE ALLEGE UNDER THE CURRENT PRACTICE AS IT EXISTS HERE IN SOUTHERN CALIFORNIA, BOTH OF
THOSE REQUIREMENTS NEITHER KNOWING OR VOLUNTARY.
PEOPLE ARE SIGNING AWAY THEIR RIGHTS WITHOUT REALIZING WHAT THEY'RE DOING.
>> >>PEGGY: THE U.S. DEPARTMENT OF JUSTICE DEFINES VOLUNTARY DEPARTURE IF YOU HAVE NO
WAY OF LAWFULLY REMAINING IN THE UNITED STATES VOLUNTARY DEPARTURE IS PERMISSION TO LEAVE
THE COUNTRY IN A WAY THAT HAS FEWER NEGATIVE CONSEQUENCES THAN BEING REMOVED.
THAT'S NOT WHAT PLAINTIFFS IN THE CASE ARE CLAIMING.
THERE WEREN'T FEWER CONSEQUENCES.
WITH ME, YOUR HUSBAND IS ONE OF THE PLAINTIFFS IN THIS SUIT.
TELL US WHAT HAPPENED TO HIM.
>> >>: WELL, HE GOT PULLED OVER IN SAN DIEGO.
>> >>PEGGY: FOR USEINGA CELL PHONE.
>> >>: FOR TALKING TO ME ON A CELL PHONE, YES.
AND I FOUND OUT THAT WHERE HE WAS AND I ARRIVED AT THE SCENE AND I GUESS THE OFFICER ASKED
MY HUSBAND FOR IDENTIFICATION.
MY HUSBAND OBVIOUSLY DIDN'T HAVE A CALIFORNIA I.D., AND I GUESS THE OFFICER IMMEDIATELY
SUSPECTED THAT MY HUSBAND WAS ILLEGAL.
I ARRIVED THERE AND TOLD THEM THAT'S MY HUSBAND, WE'VE BEEN MARRIED SEVEN YEARS WE HAVE TWO
KIDS TOGETHER.
I GAVE THE OFFICER MY HUSBAND'S FULL NAME AND THE OFFICER WAS LIKE I CAN'T TAKE YOUR
WORD FOR IT, I HAVE TO INVESTIGATE MYSELF.
>> >>PEGGY: AT WHICH POINT HE TOOK HIM IN.
>> >>: THEY� HE FIVE MINUTES LATER A BORDER PATROL ARRIVED AND TOOK HIM.
>> >>PEGGY: AND IN A MATTER OF 24 HOURS� >> >>: THIS WAS BY 11:00�A.M.
BY 2:00�A.M.
THE NEXT MORNING HE WAS OUT IN T.J.NOW.
>> >>PEGGY: HE HAD BEEN DEPORTED.
>> >>: HE HAD BEEN DEPORTED.
>> >>PEGGY: BECAUSE HE SIGNED THIS VOLUNTARY FORM.
>> >>: YES, MA'AM.
>> >>PEGGY: HE'S IN TIJUANA NOW?
>> >>: YES.
>> >>PEGGY: WHAT'S THE IMPACT OF THIS BEEN ON YOUR FAMILY?
>> >>: FOR ME, IT'S BEEN VERY HARD BECAUSE I HAVE TO SEE MY KIDS GO THROUGH SO MUCH LIKE
MY SON FOR EXAMPLE.
HE WOULDN'T EAT, WOULDN'T SLEEP, WOULD ASK WHERE IS DAD AT, WHERE I WANT HIM TO COME
HOME WHERE'S MY DAD.
MY DAUGHTER AS WELL.
SHE WOULD ASK ME WHERE IS DAD AT, HE ISN'T HERE YET Y.TOLD THEM IN A WAY THAT IT WOULDN'T
AFFECT HER SO MUCH.
I TOLD HER THERE'S SOME OFFICERS THAT WON'T LET YOUR DAD COME HOME.
SHE'S LIKE WHAT IF I ASKED THEM TO LET DAD COME HOME, WOULD THEY LET HIM?
AND Y MEAN, WHAT AM I SUPPOSED TO ANSWER TO THAT.
A SIX YEAR OLD ASKING.
>> >>PEGGY: RIGHT NOW HE'S IN TIJUANA AND YOU VISIT HIM OFTEN?
>> >>: I VISIT HIM AT LEAST ONE ONCE A WEEK.
I MEAN, IT'S VERY ECONOMIC WISE VERY HARD.
I HAVE TO BE HERE TO WORK.
>> >>PEGGY: OKAY.
YOU ARE A U.S. CITIZEN I WANT TO MAKE THAT CLEAR AND HE WAS NOT.
MITRA, A LOT OF PEOPLE THINK THAT PEOPLE LIVING IN U.S. ILLEGALLY DON'T HAVE ANY RIGHTS.
>> >>: THEY DO.
IT'S A MISCONCEPTION.
PEOPLE LIVING IN THE UNITED STATES STATES WITHOUT DOCUMENTATION PAY TAXES, THEY HAVE
MANY OF THE SAME RESPONSIBILITIES AS SILT SWRNS AND ALSO HAVE MANY OF THE SAME RIGHTS
INCLUDING THE CONSTITUTIONAL RIGHTS TO DUE PROCESS WHICH ATTACH TO EVERYONE IN THE UNITED
STATES, REGARDLESS OF CITIZENSHIP STATUS.
THAT'S ONE OF THE CORE RIGHTS WE BELIEVE IS BEING VIOLATED THROUGH THE VOLUNTARY DEPARTURE
SYSTEM AS IT'S BEING DONE IN CALIFORNIA.
I HOPE QUEE WE CAN ACHIEVE A GRAIRT LEVEL OF ACCOUNTABILITY AND TRANSPARENCY.
I HOPE CITIZENS ARE PROVIDED THE OPPORTUNITY AND INFORMATION NECESSARY TO COMPLETELY UNDERSTAND
THE RAMIFICATIONS OF SIGNING THOSE FORMS TO CONSULT WITH ATTORNEYS AND FAMILY MEMBERS
BEFORE SIGNING ANY SUCH FORMS AND BE SURE THEY ARE NOTED INTIMIDATED OR BULLIED OR PRESSURED
IN THOSE VERY DIFFICULT SITUATIONS WHERE THEY ARE PRESENT WOULD THOSE FORMS.
THEY MAKE A KNOWING AND VOLUNTARY ELECTION ONE WAY OR THE OTHER.
>> >>PEGGY: AIDA, YOUR HUSBAND HAS TO REMAIN OUT OF THE COUNTRY FOR HOW LONG?
>> >>: TEN YEARS.
>> >>PEGGY: WAS HE AWARE OF THAT WHEN HE SIGNED THAT FORM?
>> >>: WE ACTUALLY DIDN'T LEARN ABOUT THAT UNTIL A WEEK AND A HALF LATER WHEN WE MET
SOME OF THE ACLU STAFF.
>> >>: ONE OF THE FORMS OF RELEASE WE'RE ASKING FOR A CLASS ACTION FOR INDIVIDUAL PLAINTIFFS
AND THOSE SIMILARLY SITUATED IS THEY BE RETURNED TO THE UNITED STATES IN THE LEGAL POSITION
THEY WOULD HAVE BEEN INN PRIOR TO SIGNING THAT FORM UNDER FALSE PRETENSES.
OUR HOPE IS HE WILL BE RETURNED TO HIS FAMILY MUCH SOONER THAN 10 YEARS.
LEGALLY THERE'S A 10YEAR BAN TO ANYONE WHO'S BEEN IN THE UNITED STATES UNLAWFULLY FOR MORE
THAN A YEAR.
>> >>PEGGY: U.S. IMMIGRATIONS AND CUSTOM ENFORCEMENT DID NOT RESPOND TO OUR REQUEST FOR COMMENT
ON THE ACLU LAWSUIT, BUT SENT KPBS A SHORT EMAIL SAYING AS A MATTER OF POLICY WE DON'T
COMMENT ON PENDING LITIGATION.