US Citizen Deported After Traffic Stop Returns Home
US Citizen Deported After Traffic Stop Returns Home
The News
Brian José Morales García, a 25-year-old US citizen who was deported to Mexico after a Texas traffic stop, was allowed back into the country on Sunday under an agreement between the federal government and his lawyers.
Morales, who installs air conditioning units in Austin, was riding with his construction crew when a Texas Department of Public Safety officer pulled the vehicle over near Fredericksburg, The Texas Tribune reported.
He says he was born in Denver and grew up in Mexico, and holds dual citizenship. He spent four months in Mexico before the deal to bring him home.
The Department of Homeland Security has said in previous statements that its agents did not arrest a citizen and had instead determined Morales was “illegally in the U.S.” DHS did not respond to Tribune requests for comment on Sunday and Monday.
Timeline
Days into President Donald Trump’s second term, Gov. Greg Abbott ordered DPS officers to coordinate with DHS to find illegal immigrants, saying troopers would focus on people with warrants. At that point, 28 Texas law enforcement agencies had any kind of agreement with ICE, according to records cited by the Tribune.
Texas Republicans passed a law requiring nearly every sheriff in the state to sign a partnership with federal immigration authorities by Dec. 1.
The traffic stop near Fredericksburg. Morales says he offered to show his Social Security card and birth certificate, which were at his Austin home, and that officers from various agencies turned the offer down. He says he was held five days until he signed deportation paperwork, fearing months in detention.
The federal government reached an agreement with his lawyers to let him back into the country. A civil rights lawsuit challenging his detention is still moving through the courts.
Back in Austin, Morales told the Tribune he is eager to return to work and support relatives in the US and Mexico.
Reactions
Morales said he is still rattled: “Am I supposed to just accept that if I get pulled over again, it’ll be the same thing? Will it be the same treatment?”
His lawyer, Kate Lincoln-Goldfinch, said police across Texas are targeting people by race or ethnicity as they assist ICE, “and this is absolutely what happened in the case of Brian.” She called the arrest “an outcome of overzealous immigration enforcement” and added: “If we live in a country where law enforcement can racially profile someone because of the color of their skin, or their accent, or the language that they speak, and detain and deport them, then that is a country that I don’t recognize.”
Nayna Gupta, policy director at the American Immigration Council, said the case is “headline grabbing, given how egregious the injustice was — from our perspective, it was by no means an exception,” and predicted “more and more of these errors.”
Republicans who built the system have dismissed profiling warnings. State Sen. Charles Schwertner, the Georgetown Republican who carried the sheriff-partnership bill, told a Democratic colleague: “There are obviously inherent biases of individuals. That said, there are ways to properly train.”
Spokesmen for the Justice Department, Abbott and Texas DPS did not respond to Tribune requests for comment. DPS Director Freeman Martin has said his agency was “going after the migrants that pose the largest threat to the communities.”
What's Next
The civil rights lawsuit over Morales’ detention continues in court.
Nearly every Texas sheriff must have a federal immigration partnership in place by Dec. 1 under the state law passed last year, which will push the number of participating agencies higher.
Lincoln-Goldfinch said she hopes the government’s decision to invite her client back settles the question for the public that “this actually is the case of a native born U.S. citizen being detained and deported.”
More
The scale of the buildup is the reason this case is more than a one-off. Fewer than two years after 28 Texas agencies had ICE agreements, the latest ICE statistics show 432 Texas law enforcement agencies have signed 514 agreements across the three types of local partnership, the Tribune reported.
Of those, 314 are for the task force model, which gives local police limited authority to question people about immigration status during routine police work such as traffic stops. The Trump administration revived that model after it sat dormant since 2012, when it was shelved following a racial profiling scandal involving an Arizona sheriff whose deputies were directed to target latinos.
The administration has also reduced training to speed up onboarding of new local partners. Deportation of US citizens remains rare; immigration scholars quoted by the Tribune expect such errors to grow as more local departments take on immigration duties.
Morales says he came back to the US last year to work and to get to know the country he was born in, and that Customs and Border Protection let him enter at El Paso when he showed his birth certificate.
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