Obama is an accomplice to the unlawful kidnapping and exile of thousands of U.S. citizens

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You probably have not heard of Mark Lyttle, a U.S. citizen, kidnapped by the United States Government and subsequently wrongly exiled to Mexico. From Jacqueline Stevens, professor and author of States without Nations

Mark Lyttle, 31, born in Salisbury, North Carolina, was exhausted and traumatized, but he insisted on talking tonight…

In the language of the DHS Mark was “ordered removed” as a noncitizen on December 9, 2008. That’s a bureaucratic euphemism for what really happened: Mark’s government kidnapped him, rendered him stateless, dropped him off in Mexico, and four months later, after he was kicked out of Mexico to Honduras, and from Honduras to Guatemala via Nicaragua, bought him a Big Mac before arresting him again in the United States.

Mark Lyttle spoke no Spanish, yet was deported to Mexico. As a result of this crime committed by the U.S. government, Lyttle was deported from Mexico as well, and ended up spending time in a luxurious Honduran jail. of Honduras.

After a monumental effort on his behalf by his family in the U.S. and journalist Jacqueline Stevens,  Mark Lyttle’s horrific odyssey reached the light of day. Unfortunately for many U.S. citizens–those with no family, mental-illnesses, or a run of bad luck–there are likely thousands of them who, at this very moment,  are wrongfully exiled from the United States.

In order to stem this miscarriage of justice, the misguided decisions of the United States Supreme Court must be revisited.

The Supreme Court, in INS v. Lopez-Mendoza 468 U.S. 1032 (1984) held that:

“A deportation proceeding is a purely civil action to determine a person’s eligibility to remain in this country…Consistent with the civil nature of a deportation proceeding, various protections that apply in the context of a criminal trial do not apply in a deportation hearing.”

One of those protections that do not apply to a deportation hearing is the right to appointed counsel i.e. the government provides counsel to indigent defendants.

But what about the due process concerns for indigent U.S. citizens who are regularly wrongfully detained and deported by Immigration and Customs Enforcement(ICE)? (In 2009, 4000 and 2000 U.S. citizens were estimated to have been detained and deported, respectively.)

The deportation of a U.S. citizen  is, indeed, not punishment in the traditional sense of wrong committed, gov’t served retribution; it is a crime committed by the government. The due process clause of the 5th amendment is designed to protect the liberty interests of those within the United States.

As the Supreme Court has interpreted the 5th amendment, and as the U.S. government has applied that interpretation into action, the due process clause has failed, miserably, at protecting the liberty interests of at least 4000 United States citizens in 2009 alone.

With mandated counsel, this egregious crimes committed by the United States government could at the very least be curtailed significantly.

Ultimately, however, until there is a major overhaul of the immigration laws of the United States, including a reduction of the current myopia of immigration enforcement, these crimes will undoubtedly continue to some extent.

A crucial point in this, as it relates to immigration reform, is that the Obama administration can immediately act to limit the grossly negligent actions of ICE, yet all we hear are flimsy excuses about how he must “enforce the law” because if he doesn’t,  “more illegals will keep coming.”

Well what about the enforcement of the highest law of the land, the constitution. Does that mean nothing to Obama? It would appear that every day that passes with another empty rhetorical flourish that, no, Obama cares not for justice.

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