A 25-year-old man from Central Texas, Brian José Morales García, has been granted the opportunity to return to the United States after being deported to Mexico in April, despite his assertion of American citizenship. The federal government’s reversal came after his legal team provided additional evidence to support his claim, including hospital records, affidavits from witnesses, and his certified birth record from Colorado.
Morales García was deported following a traffic stop near Fredericksburg, Texas, where police officers stopped the vehicle he was riding in and did not believe his claim of U.S. citizenship. Despite providing copies of his birth certificate and social security number, which show he was born in Denver, he was still deported by the U.S. Immigration and Customs Enforcement (ICE). The U.S. Department of Homeland Security (DHS) refuted his claims and accused him of having entered the country illegally.
The situation took a turn when Morales García’s lawyers submitted the additional documents as part of a lawsuit challenging his removal. The U.S. Department of Justice (DOJ) then allowed Morales García to re-enter the country while his lawsuit regarding his detention and deportation proceeds. His lawyer, Kate Lincoln-Goldfinch, met him in Laredo to facilitate his return.
“The case raises an alarming pattern of behavior on the part of the federal government, demonstrating that they're willing to racially profile, detain, and deport U.S. citizens,” Lincoln-Goldfinch said. She added that the level of evidence required by the federal government to prove citizenship is concerning and unacceptable.
Morales García, who has dual citizenship in Mexico, had previously provided the Texas Tribune with copies of his Social Security card and birth certificate, both of which show he was born in Denver. However, his Mexican identification had a different spelling of his first name and a different date of birth, due to a clerk’s error in Mexico.
While it is rare for American citizens to be wrongly deported, the practice does occur. A July 2021 report by the Government Accountability Office found that immigration agents arrested, detained, and removed a total of 70 potential U.S. citizens between 2015 and 2020. Additionally, an investigation by ProPublica found that more than 170 U.S. citizens were detained by immigration agents in the first nine months of President Trump’s second administration.
Morales García’s civil rights lawsuit in federal court remains pending, and his case serves as a stark reminder of the complexities and potential errors in the U.S. immigration system. The situation also highlights the importance of legal representation and the ongoing challenges faced by individuals who are incorrectly deemed to be in the country without authorization.
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