A Chicago-area U.S. citizen is suing the feds after he was reportedly held for two months in a maximum security prison when he was misidentified as an undocumented immigrant.
James Makowski, who was born in India and adopted into a U.S. family at a young age, was sentenced to four months at drug treatment program after he pleaded guilty in 2010 to a felony charge of selling heroin, according to a report by the LA Times. However, when a fingerprint search incorrectly identified the Chicago resident as an undocumented immigrant, he was instead sent to a maximum-security prison in Pontiac, Illinois. He was reportedly held there for two months before the mistake was corrected.
Now, Makowski is suing the FBI and the Department of Homeland Security, alleging that their mistake was part of Secure Communities, according to ColorLines.com.
Secure Communities, the controversial federal program piloted by the Bush administration and implemented by the Obama Administration, aims to crack down on illegal immigration by mandating that local law enforcement send the fingerprints of those who have been arrested by local police to Immigration and Customs Enforcement (ICE).
While the program started as a voluntary program which states could opt in and out of, it is now mandatory and will be implemented nationwide by 2013. Critics say the program promotes racial profiling due to a flawed implementation and violates Americans' right to privacy, while supporters believe it helps enforce immigration laws on the books and helps prioritize the deportation of criminal immigrants over non-criminals.
Governor of New York state, Andrew Cuomo attempted to opt out of the polarizing program. Just months after implementing Secure Communities, he rescinded the state's agreement to participate, citing concerns for immigrants:
"There are concerns about the implementation of the program as well as its impact on families, immigrant communities and law enforcement in New York," Cuomo wrote in a letter to the Department of Homeland Security. "As a result, New York is suspending its participation in the program."
While ICE told the LA Times they are unable to comment on Makowski's case, various immigration rights groups maintain that the sharing of fingerprint data of U.S. citizens carried out by Secure Communities is in violation of the Privacy Act, which establishes a code in which the government can collect data pertaining to U.S. citizens.
Makowski argues that his own case is an example of this sort of violation.
"I've been here my whole life," Makowski told the LA Times. "I was raised like an upper-middle-class American. But I didn't feel American when I had that detainer put on me."
The Naturalization Act of 1790
The Naturalization Act of 1790 was our country's first set of laws dealing with citizenship. Applicants had to be "<a href="http://rs6.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=226 " target="_hplink">a free white person</a>" of "good moral character." This excluded indentured servants and slaves. Good moral character was substantiated by establishing residence for at least one year in the state from where he was applying, and at least two years of residence in the country. The Naturalization Act of 1795 would extend that requirement to five years, and is still standard today.
The Fourteenth Amendment, 1868
A Reconstruction Amendment that was added to the U.S. Constitution following the Civil War, the Citizenship Clause of the 14th Amendment establishes for the first time that children born on U.S. soil would be conferred U.S. citizenship regardless of their parent's citizenship status, race, or place of birth. Last year, Rep. Steve King (R-IA) introduced the <a href="http://www.govtrack.us/congress/bills/112/hr140 " target="_hplink">Birthright Citizenship Act of 2011</a> to Congress, and challenged this. The bill would require that at least one parent be a U.S. citizen or permanent resident for a child to be granted citizenship. According to the <a href="http://www.opencongress.org/bill/112-h140/text " target="_hplink">bill's text</a>, the Birthright Citizenship Act of 2011 would amend the Immigration and Nationality Act of 1952, and "clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth." Prior to this, Rep. Nathan Deal (R-GA) <a href="http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html " target="_hplink">introduced</a> a similar <a href="http://www.opencongress.org/bill/111-h1868/show" target="_hplink">bill</a> in 2009.
The Naturalization Act of 1870
The Naturalization Act of 1870<a href="http://thepoliticsofimmigration.org/pages/chronology.htm " target="_hplink"> explicitly extended</a> naturalization laws to "aliens of African nativity and persons of African descent." This meant that for the first time, African-American children would be conferred citizenship upon birth. Asian immigrants and other people of color are excluded per the Naturalization Acts of 1790 and 1795.
The Page Act of 1875
Named after Republican Representative Horace F. Page, this is the first U.S. federal immigration law to explicitly prohibit the immigration of a particular group: persons of Asian descent. Primarily meant to limit Chinese immigrant labor and prostitution, the Page Act prohibited the immigration of: (1) contracted labor from "China, Japan, or any Oriental country" that was not "free and voluntary," (2) Chinese prostitution and (3) criminals and women who would engage in prostitution. Ultimately, the <a href="http://www.uchastings.edu/racism-race/pageact.html " target="_hplink">Page Act</a> severely <a href="http://immigration-online.org/228-page-act-united-states-1875.html " target="_hplink">restricted</a> the immigration of Asian women. Only 136 of the the nearly 40,000 Chinese immigrants who arrived in the months before the bill's enforcement were women. And, it would pave the way for the Chinese Exclusion Act. In this picture, Michael Lin, chair of the 1882 Project, a coalition of rights groups seeking a statement of regret over that year's Chinese Exclusion Act, speaks on May 26, 2011 in Washington, DC, at the US House of Representatives in front of a reproduction of a 19th-century sign that aimed at rousing up sentiment against Chinese Americans. Lawmakers introduced a bill that would offer an official statement of regret for the act, which banned further immigration of Chinese to the United States and ended citizenship rights for ethnic Chinese. (AFP PHOTO/SHAUN TANDON).
The Chinese Exclusion Act, 1882
Signed by President Chester A. Arthur, the <a href="http://www.pbs.org/weta/thewest/resources/archives/seven/chinxact.htm " target="_hplink">Chinese Exclusion Act</a> was the first federal immigration law to prohibit immigration on the basis of race. The bill barred all Chinese laborers, skilled and unskilled, from immigrating to the U.S. for ten years. It was made permanent by 1903, and was not lifted until the 1943 Magnuson Act. The 1898 Supreme Court <a href="http://ocp.hul.harvard.edu/immigration/exclusion.html " target="_hplink">decision</a> in <em>United States v. Wong Kim Ark</em> finally extended naturalization laws to persons of Chinese descent by ruling that anyone born in the United States was indeed a U.S. citizen. This editorial cartoon from 1882 shows a Chinese man being excluded from entry to the "Golden Gate of Liberty." The sign next to the iron door reads, "Notice--Communist, Nihilist, Socialist, Fenian & Hoodlum welcome. But no admittance to Chinamen." At the bottom, the caption reads, "THE ONLY ONE BARRED OUT. Enlightened American Statesman--'We must draw the line <em>somewhere</em>, you know.'" (Image Source: Frank Leslie's illustrated newspaper, vol. 54 (1882 April 1), p. 96. [Public domain], via <a href="http://commons.wikimedia.org/wiki/File:The_only_one_barred_out_cph.3b48680.jpg" target="_hplink">Wikimedia Commons</a>).
The Naturalization Act of 1906
The Naturalization Act of 1906 further <a href="http://www.understandingrace.org/history/gov/eastern_southern_immigration.html" target="_hplink">defined</a> the naturalization process: the ability to speak English was made a <a href="http://www.enotes.com/topic/Naturalization_Act_of_1906" target="_hplink">requisite</a> for immigrants to adjust their status.
The Immigration Act of 1924
U.S. President Coolidge signed this U.S. federal <a href="http://history.state.gov/milestones/1921-1936/ImmigrationAct " target="_hplink">bill</a> into law. It capped the number of immigrants who could be admitted entry to the U.S. and barred immigration of persons who were not eligible for naturalization. And, as the Naturalization Act of 1790 required, an immigrant had to be white in order to naturalize. The quotas varied by country. Image Source: Flickr Creative Commons, <a href="http://www.flickr.com/photos/nycmarines/6306315902/" target="_hplink">NYCMarines</a>.
The Immigration and Nationality Act of 1952 (The McCarran-Walter Act)
The <a href="https://docs.google.com/viewer?a=v&q=cache:zwaVG82lZisJ:www-rohan.sdsu.edu/dept/polsciwb/brianl/docs/1952McCarranWaltersAct.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESjEwx76FIBTixZAfyncZz-1CSuSeciv5qB6vvWTrUfW58XRpXq8zkpnI57XSuuG5Bu-WSySGbEhxYvZxP7y6qDQuOsDhgDa6qUqUaJ8F4imTzKJsVtppHc_-eew2dK6vGhoIUZs&sig=AHIEtbTNQ5GFiNMVS-xyThq8VVSj_gG9KA " target="_hplink">McCarran-Walter Act</a> kept up the controversial Immigration Act of 1924, but <a href="http://history.state.gov/milestones/1945-1952/ImmigrationAct" target="_hplink">formally</a> ended Asian exclusion.
Immigration and Nationality Act of 1965
When President Lyndon Johnson signed the Immigration and Nationality Act of 1965, it <a href="http://library.uwb.edu/guides/USimmigration/1965_immigration_and_nationality_act.html" target="_hplink">abolished</a> the quota system that favored immigration from Europe and limited immigration from Asia and South America.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
The 1996 <a href="http://www.uscis.gov/ilink/docView/PUBLAW/HTML/PUBLAW/0-0-0-10948.html " target="_hplink">Illegal Immigration Reform and Immigrant Responsibility Act</a> (IIRIRA) is a piece of legislation that <a href="http://library.uwb.edu/guides/usimmigration/1996_illegal_immigration_reform_and_immigrant_responsibility_act.html " target="_hplink">defined</a> an array of issues to do with legal and illegal immigration -- from outlining how border patrol agents should administer visa processing, to the minutiae of how to handle deportation proceedings -- IIRIRA established enforcement and patrolling practices.