ATLANTA – The American Civil Liberties Union, the ACLU of Georgia and the ACLU of North Carolina today filed lawsuits in federal courts in Georgia and North Carolina on behalf of Mark Lyttle, a U.S. citizen of Puerto Rican descent with mental disabilities who was wrongfully deported to Mexico and forced to endure over four months of living on the streets and in the shelters and prisons of Mexico, Honduras, Nicaragua and Guatemala.
"What happened to Mark Lyttle is unconscionable," said Judy Rabinovitz, Deputy Director of the ACLU Immigrants' Rights Project. "Our Constitution and our laws demand fair treatment for people with mental disabilities in any court, including immigration courts. Pushing Mr. Lyttle through proceedings that he clearly couldn't understand and then deporting him was not only inhumane but a gross violation of his due process rights. The complete lack of concern for the well being of a man who would have obvious difficulties surviving on his own is truly appalling. What he suffered shouldn't happen to anyone regardless of citizenship status."
Lyttle's entanglement with immigration authorities began when he was about to be released from a North Carolina jail where he was serving a short sentence for inappropriately touching a worker's backside in a halfway house that serves individuals with mental disorders. Despite having ample evidence that Lyttle was a U.S. citizen – including his social security number, the names of his parents, his sworn statements that he was born in the United States and criminal record checks – officials from the North Carolina Department of Correction referred him to Immigration and Customs Enforcement (ICE) as an undocumented immigrant whose country of birth was Mexico. Lyttle had never been to Mexico, shared no Mexican heritage, spoke no Spanish and did not claim to be from Mexico.
The state of North Carolina has an agreement with ICE requiring state officials to report all incarcerated individuals who they believe were born in other countries. ICE began investigating Lyttle and sent him to the Stewart Detention Facility, an immigration detention center in Lumpkin, Ga. where he spent six weeks.
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