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US goes after naturalized immigrants with criminal records

  • Hannah Schoen, a law student with the Workers and Immigrants Rights Advocacy Clinic at Yale, speaks to the media after an emergency federal immigration hearing in front of the United States Court House in Bridgeport, Conn., on Wednesday, June 11, 2018. Lawyers for two immigrant children detained in Connecticut after being separated from their parents at the U.S.-Mexico border asked a federal judge on Wednesday to order that the girl and boy be reunited with their families. (Christian Abraham/Hearst Connecticut Media via AP) Christian Abraham

  • Immigrant families leave a United States Immigration and Customs Enforcement facility after they were reunited, Wednesday, July 11, 2018, in San Antonio. Some immigrant toddlers are back with their parents, but others remained in government custody away from relatives as federal officials fell short of meeting a court-ordered deadline to reunite dozens of youngsters forcibly separated from their families at the border. (AP Photo/Eric Gay) Eric Gay



Miami Herald
Wednesday, July 11, 2018

MIAMI — The United States government has long used its power to revoke citizenship in the rarest of cases, going after the likes of war criminals, child rapists and terrorist funders.

Norma Borgono is none of those. She came to the U.S. from Peru in 1989 volunteers weekly at church, raised two children on a $500-a-week salary and has a rare kidney disorder. But a week after her baby granddaughter came home from the hospital, Borgono received a letter from the U.S. government: The Justice Department was suing to “denaturalize” her as part of a push by the Trump administration to revoke citizenship from people who committed criminal offenses before they became citizens.

“I don’t know what’s going to happen if she goes to Peru,” said her daughter, Urpi Rios. “We have nothing there.”

Borgono, 63, a Miami resident for 28 years, is being targeted based on her minor role in a $24 million fraud scheme in the past decade. As the secretary of export company Texon Inc., she prepared paperwork for her boss, who pocketed money from doctored loan applications filed with the U.S. Export-Import Bank.

When the feds caught wind of the scheme, Borgono cooperated. She never made any money beyond her regular salary and helped the FBI make a case that put her former boss in prison for four years. On May 17, 2012, Borgono took a plea deal and was sentenced to one year of house arrest, four years of probation and $5,000 restitution.

Working two jobs, she paid off her restitution and her sentence was reduced. Two years after she put it all behind her, Borgono received the letter notifying her that the U.S. government wanted to take away her citizenship.

The stated reason was that Borgono became a U.S. citizen after the fraud scheme started. Although she had not yet been charged when she applied for citizenship, the Justice Department is arguing that she lied by not divulging her criminal activity on her application.

Rios said the family was shocked by the letter. They had no idea this kind of case was even possible.

“Had the threat to her citizenship been brought up,” during the original case, she said, “we would have gone to trial or found some way to fight it.”

Borgono is one of thousands of citizens and legal residents of the United States who may now be subject to denaturalization and deportation for past offenses, some of them committed decades ago.

“I’m worried that people who have been citizens for a long time will now be targeted for denaturalization, and that the effort to defend against a federal denaturalization claim is so expensive that people will just give up,” said Matthew Hoppock, a Kansas City immigration attorney who has been tracking the changes in denaturalization policy.

The Department of Homeland Security plans to spend more than $200 million to look for citizenship fraud and green-card fraud by permanent residents. U.S. Immigration and Customs Enforcement will hire 300 agents and scores of additional staffers under the agency’s proposed fiscal year 2019 budget.

The main thrust of the push is to track down people who gamed the deportation system: those who were ordered deported but later gained citizenship or legal residency under different identities. Gaming the immigration system is nothing new, including in South Florida, where marriage fraud schemes have flourished over the years. Immigration officials have long made catching those frauds a priority and have regularly denaturalized people convicted in such cases.

Borgono did not lie about her identity. But the government’s case against her is built on the same underlying argument: that she did not disclose a previous crime on her citizenship application.

The push extends beyond ICE. Another DHS agency, Citizenship and Immigration Services, is also devoting new resources to the effort, opening an office in Los Angeles specifically to work on such cases. It is hiring several dozen lawyers and immigration officers to staff it, Citizenship and Immigration Services Director L. Francis Cissna told the Associated Press. Since January 2017, staffers have been working at the new office, which the agency says will be the central office for reviewing potential denaturalization cases.

From 1990 to 2017, only 305 denaturalization cases were pursued. Under the initiative, which began in 2008, but more cases have been brought since President Donald Trump took office. Immigration officials have already referred more than 100 cases to the Justice Department. A January news release said the officials plan to refer an estimated 1,600 more cases.

The number of cases doubled from 15 in 2016, the final year of the Obama administration, to 30 in 2017, and 2018 is on track to equal or pass 2017 numbers. Last year’s caseload was the largest since the early 2000s, when the number of cases rose in response to a backlog in checking naturalization applications.

Catching people who skirt immigration rules has become more efficient with the Homeland Security fingerprint database, which can do in seconds what might have once taken an analyst a full day. That database is incomplete, and as DHS works to digitize its backlog of old, paper fingerprint records through a project called Historical Fingerprint Enrollment, it is finding cases of people who were once ordered deported and later became citizens or legal residents under different identities.

As such double-identity cases are found, the administration is moving to denaturalize those citizens, sometimes based on a fraud committed decades ago.

“In terms of the aggressive attitude toward denaturalization, it is a very different day,” said Muzaffar Chishti, a lawyer with the nonpartisan Migration Policy Institute.

The new ICE staff members will review files from more than 700,000 deportation orders, looking for fingerprints with matches elsewhere in the database.

The 700,000 files come from a larger collection of deportation orders going back to 1990. They were selected using an algorithm that excluded people less likely to have committed subsequent immigration fraud based on, for example, advanced age at the time of deportation, according to Justice Department officials. Several thousand have already been flagged for further review.

When a denaturalization lawsuit is filed, the defendant’s options are to fight it or be deported. Rios said that the only settlement offered to her mother was to voluntarily renounce her citizenship and move to Peru. They believe that would be a death sentence.

Borgono and her children have a rare kidney disease called Alport syndrome that eventually leads to the loss of kidney function. They no longer have any close family or ties to Peru because Borgono’s mother and brother died from the disease decades ago. Borgono has been on the Miami transplant list for two years, and Rios is afraid that her mother won’t be able to get proper care, let alone a transplant, if she is forced to go back to Peru.

“For everything that she did wrong, that she cooperated on, that she paid her debt to society for, now they want to send her away to die over there?” Rios said.

Borgono, whose 64th birthday is this week, is just a year away from retirement. She works as a secretary for a company not in the export industry. With the birth of her first grandchild, she was looking forward to helping raise Isabel.

The family’s story is a familiar immigrant tale. Borgono came to the United States legally in 1989 with her 13-year-old son and 7-year-old daughter. She worked long hours cleaning offices and doing other odd jobs until she became a secretary. The citizenship of her now-adult children is not in jeopardy.

“I love this country; it embraced us,” Rios said. “It was such a proud moment for all of us to become citizens.”

Borgono was a single mother. Her children went to college; her son becoming an architect and her daughter the vice president of human resources at a TV station. They helped their mother apply for citizenship in 2007. And then, in 2009, the feds showed up at her house.

At her sentencing in 2012, the judge was sympathetic to Borgono. She had not profited from the scheme and helped the authorities bring the case against her boss. As a testament to her character, members of her community, including her priest, submitted to the court letters of support and photos of her volunteering.

In March, Rios was due to give birth. A week before she went to the hospital, she lost her job at the TV station, along with her insurance. The baby had complications and stayed at the hospital for two weeks. A week after Isabel came home, finally healthy, Borgono received notice of the lawsuit against her.

“I think it’s a misuse of their discretion to file a denaturalization suit against Norma,” said Borgono’s lawyer, Pat Dray, who defended her in the original fraud case. “Especially in light of the fact that she cooperated with the government and they were able to use her to bring a case against her former boss.”

On the same day it sued Borgono, the Justice Department also filed a denaturalization lawsuit against her former boss, Guillermo Mondino.

Immigration activists and lawyers are worried about the ease with which citizenship can be stripped from someone like Borgono.

“The finality that came with citizenship in the past is now gone,” Chishti said.

Catching old offenders this way, ICE officials say, sends a message of deterrence for future offenders.

“As easy as it was for the government to be defrauded in the past, it is now very easy for the government to identify fraudsters” said John Tobon, deputy special agent in charge at Homeland Security Investigations in Miami. “So it is now kind of turning the tables, with the hope that people will say, ‘If my risk of getting caught is now almost certain, I will chose not to take the risk.’ ”

The ICE budget says that there will be 1,184 employees working specifically on benefit fraud cases, including 512 new positions. Tobon said the new hires are part of an agency-wide push after a five-year hiring freeze.

So far, most of the cases filed by the Trump administration have been against people who entered the country illegally, but the pursuit of individuals for other crimes, like Borgono’s case, is also picking up.

The courts have long been the bottleneck in revoking citizenship. The Justice Department has rarely pushed such cases and for decades generally did not accept most cases of double-identity fraud flagged by immigration officials. It saved its limited resources in the area for more egregious cases, according to a 2016 report by the Department of Homeland Security’s inspector general.

In 2015, the Justice Department agreed with Homeland Security to widen the scope of denaturalization cases to include naturalized citizens who had were given security clearances or positions of public trust, or who had criminal histories. That led to a sharp increase in referrals in 2016, the report said.

The current effort to digitize and examine old fingerprint files was a natural outgrowth of that report, said Michael Bars, a spokesman for Citizenship and Immigration Services.

The referrals have increased since then. ICE expects that to continue in response to Trump’s third and fourth executive orders, issued during his first week in office. Those two orders directed that a wall be built along the U.S.-Mexico border and that sanctuary cities comply with efforts to round up illegal immigrants.

The citizenship application contains the question, “Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?” (emphasis original). Lying on that question makes applicants vulnerable to having their citizenship revoked, and is the basis of most denaturalization cases.

Last summer, the Supreme Court heard a case about how broadly the government could use answers to that question to revoke citizenship. The U.S. attorney argued that it could for any crime, even something as small as driving 5 mph over the speed limit, an example provided by Chief Justice John Roberts as a crime he had committed but never had been arrested for.

During the hearing, Justice Stephen Breyer said he found it “rather surprising that the government of the United States thinks” the naturalization law should be “interpreted in a way that would throw into doubt the citizenship of vast percentages of all naturalized citizens.”

The court ruled unanimously that only material offenses need to be disclosed.

How “material offenses” are interpreted is beginning to play out in denaturalization cases around the country, as decades-long residents find themselves unexpectedly in court.

In a statement, Citizenship and Immigration Services said: “Nobody who obtained U.S. citizenship by deliberately assuming a false identity will be surprised to learn they are being referred to the Justice Department for denaturalization proceedings. USCIS screens for deliberate acts of fraud relating to forgery or the use of false identities, and we go to great lengths to ensure individuals aren’t susceptible to instances of error, misunderstanding, or special circumstances.”