INS claims native-born US citizens must prove they shouldn't be deported

Rkmickey at aol.com Rkmickey at aol.com
Sat May 8 18:09:40 PDT 1999


If we needed any further examples of the extent to which racism is being used to erode the rights of US citizens, we have one in the article below (which I found on the Guardian's "Breaking News" at URL:

http://www.newsunlimited.co.uk/Breaking_News/US/0,3560,256918,00.

The article doesn't say why Thomas Sylvain was targeted by the INS in the first place. However, the assertion by the immigration authoities that the burden of proof of non-deportability lies with the citizen has serious implictions for civil liberties. Also, the article doesn't mention which congresswomen interevened on Sylvain's behalf: does anyone know more about this? K.Mickey

Sick US Citizen Mistakenly Deported

Sunday May 9, 1999   12:36 am

MIAMI (AP) - An ailing U.S. citizen who was mistakenly deported to Haiti has been brought back to the United States at government expense, but suffered a heart attack after he arrived in Miami.

Thomas Sylvain, 20, developed full-blown AIDS after he was sent to Haiti in January. He suffered a heart attack Friday while traveling from the Miami airport to Jackson Memorial Hospital, where he remained in critical condition Saturday.

Two congresswomen had pressed for his return.

His supporters claim the Immigration and Naturalization Service didn't do enough to establish his citizenship before deciding he was a deportable alien. They also say he would have been healthier if he had been able to get medical care in this country.

The INS had questioned the validity of his birth certificate and expired U.S. passport, and in a statement issued Friday blamed Sylvain for the mistaken deportation.

"Documentation corroborating Sylvain's U.S. citizenship arrived into INS hands long after it was necessary to preclude deportation," the agency said. "The INS provided Sylvain all legal due process given to anyone, including illegal criminal aliens, with whom the burden of proof of citizenship lies."

Sylvain was born in New York City.

He was alert, talking and progressing "fairly well" Saturday in the hospital's intensive care unit, said Eunice Devereaux, the administrator on duty.

Sylvain's father, Andre Sylvain, a Haitian immigrant, said he blames the INS for his son's condition.

"They know what they did," he said. "My boy suffered a lot."



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