such “arriving aliens” are not considered to be in the United States at all, even if they are in custody, they have none of the legal rights that even illegal immigrants can claim.But even American citizens are in a no-rights zone when they come back into the US. An issue that opens anyone with a laptop to privacy violations, Customs is searching some people's laptops when returning to the US.
Today's story is about an Italian attorney who has been visiting his American girlfriend:
But on April 29, when Mr. Salerno, 35, presented his passport at Washington Dulles International Airport, a Customs and Border Protection agent refused to let him into the United States. And after hours of questioning, agents would not let him travel back to Rome, either; over his protests in fractured English, he said, they insisted that he had expressed a fear of returning to Italy and had asked for asylum...
Mr. Salerno’s case may be extreme, but it underscores the real but little-known dangers that many travelers from Europe and other first-world nations face when they arrive in the United States — problems that can startle Americans as much as their foreign visitors.
“We have a lot of government people here and lobbyists and lawyers and very educated, very savvy Washingtonians,” said Jim Cooper, Ms. Cooper’s father, a businessman, describing the reaction in his neighborhood, the Wessynton subdivision of Alexandria. “They were pretty shocked that the government could do this sort of thing, because it doesn’t happen that often, except to people you never hear about, like Haitians and Guatemalans.”...
Though citizens of those nations [27 so-called visa waiver countries] do not need visas to enter the United States for as long as 90 days, their admission is up to the discretion of border agents. There are more than 60 grounds for finding someone inadmissible, including a hunch that the person plans to work or immigrate, or evidence of an overstay, however brief, on an earlier visit.
While those turned away are generally sent home on the next flight, “there are occasional circumstances which require further detention to review their cases,” Ms. De Cima said. And because such “arriving aliens” are not considered to be in the United States at all, even if they are in custody, they have none of the legal rights that even illegal immigrants can claim.
The whole story is here.
[Later: National Public Radio's Talk of the Nation has a show on right now about problems at the privately run detention centers for people detained by Customs.
'Careless Detention' Exposes Deadly NeglectThe Washington Post began a series of investigative reports on Sunday revealing mistakes in medical treatment that may have contributed to 30 deaths in immigrant detention facilities in the U.S. Reporters Dana Priest and Amy Goldstein talk about their series, "Careless Detention."]
It's sad that only when it affects them personally do citizens protest at abuses of power carried out in their name. No doubt "people you never hear about, like Haitians and Guatamalans" feel the effects of giving such power to unaccountable immigration officials and border agents as much as Italian lawyers with good American connections. But I'm sure that these unassailable defenders of the borders have impeccable moral characters and undergo rigorous training to acquire the skills and judgment required to exercise their awesome powers.
ReplyDeleteClearly the bewildered alien doesn't have to go to Guantanamo to be under American power and not have legal rights.
He or she can be at a US international airport and "not be considered to be in the United States at all"
The surprising thing is that the good people of Wessynton can be "shocked that the government could do this sort of thing". Orwell wouldn't have been.
Doug, glad you picked up on the comment about Haitians and Guatamalans. It does reveal what appears to be a dual standard.
ReplyDeleteBut I think we are all susceptible to triaging the world's problems based on how closely they affect us.
If you are the Doug I think you are, you are from one of those countries that don't need a visa but you could be turned back by Customs on arrival to a US airport, so this story would naturally get your attention.
Does that mean you aren't coming this summer?
Well, for a year Hungary has been among the countries which are visa free. On the other hand I don't think so Hungary is such a famous country in the US as Italy or France.
ReplyDeleteAnyway I am planning to go to the USA neither as tourist, nor as immigrant so I won't be exposed to such things probably. Oh, the US couldn't gain this great mind. What a tragedy... :) Now do you feel the irony?
However no one would need me over there. If one day an American tells me it would be good I was there, then I may take it into consideration but this won't happen so that's all about the story of Ropi and the USA.
I thought that Alaska was on your list of places to go. Although when I'm overseas - especially during the Bush years - I said I was "from Alaska" instead of "from USA." in truth, Alaska is in the USA. And we want you to visit one day.
ReplyDeleteWell, who we? And I always considered Alaska as an individual geographical unit.
ReplyDeleteAnyway tomorrow in the morning I will go to Croatia and I ill get back only next Saturday. I have no Lap Top so I won't write until that. I wouldn't write either if I had.
I'm sure Kellie at Stress Management wants you to visit too. Not sure which other Alaska Blogs visit you. Good thing that wasn't on your geography test.
ReplyDelete