Criminal Defense of Immigrants

(B)  Proof of Citizenship.  To establish a claim of derivative U.S. citizenship, counsel can prepare a package containing proof of date of birth, legal permanent resident status, parents’ marriage, and parent’s naturalization, and explain to ICE it has no jurisdiction to deport since the client is a United States citizen who must immediately be released from immigration detention.  ICE will usually release the client within hours of receiving the package.  The documents can be sent to the jailers, the head of ICE for the area, and the ICE Area Counsel.  Every person with responsibility for the detention, who has knowledge of the facts establishing the U.S. citizenship of the client, is subject to damages for unlawful imprisonment for every day of false imprisonment.  If the client is in removal proceedings, the package can be sent to the court and ICE counsel, and ask counsel to agree to termination of proceedings.  The best proof of citizenship is a U.S. passport, which can be obtained more quickly than other proof of citizenship.  Ask for a speedy merits date for ICE to prove alienage, and, meanwhile, apply for a passport from the State Department. While the adjudication of an N-600 drags on and on, the State Department generally acts quickly where the evidence is clear.

                United States citizenship may also be proven by showing a child appeared on the United States census in United States shortly after birth. It is necessary to pay to get this information. The Bureau of the Census is very helpful.[62] The fee for the first person is $40, and $6 for each additional person.  A form must be signed.  For a minor child, the parent can sign the form.  Michael L. Blair, Chief of the Census Bureau, has in the past written a letter explaining the significance of Census records.

[62] The Census is located at U. S. Dep’t of Commerce Economics & Statistics, Administration, U.S. Census Bureau, P.O. Box 1545, Jeffersonville, IN 47131-0001.