US Citizen Imprisoned for Over 3 Years in ICE Detention Denied Compensation

[jane78 12]

This story is chilling. Now of course selling cocaine is not a good idea. But he'd already served his sentence for that when ICE detained him -- and deprived him of his liberty for 3+ years due to sheer incompetence. Clearly there were a lot of terrible factors in play here that led to this, and I would like to believe that such cases are rare. That said, since becoming a U.S. citizen recently myself, I've found myself feeling very strange about the fact that, after years of guarding my green card with my life, I now don't have a wallet-sized proof of my legal right to be here. That's why I'm applying for both a passport and a passport card, not because I think I will be crossing the Canadian or Mexican borders frequently, but if I carry it around, no one will ever be able to question my legal status in the unlikely event that it ever comes up. The U.S. is, in theory, not a "show your papers"country, but in practice... 

 

http://www.npr.org/2017/08/01/540903038/u-s-citizen-held-by-immigration-for-3-years-denied-compensation-by-appeals-court

 

"Davino Watson told the immigration officers that he was a U.S. citizen. He told jail officials that he was a U.S. citizen. He told a judge. He repeated it again and again.

 

There is no right to a court-appointed attorney in immigration court. Watson, who was 23 and didn't have a high school diploma when he entered ICE custody, didn't have a lawyer of his own. So he hand-wrote a letter to immigration officers, attaching his father's naturalization certificate, and kept repeating his status to anyone who would listen.

 

Still, Immigration and Customs Enforcement kept Watson imprisoned as a deportable alien for nearly 3 1/2 years. Then it released Watson, who was from New York, in rural Alabama with no money and no explanation. Deportation proceedings continued for another year.

 

Watson was correct all along: He was a U.S. citizen. After he was released, he filed a complaint. Last year, a district judge in New York awarded him $82,500 in damages, citing "regrettable failures of the government."

 

On Monday, an appeals court ruled that Watson, now 32, is not eligible for any of that money — because while his case is "disturbing," the statute of limitations actually expired while he was still in ICE custody without a lawyer.

 

The 2nd U.S. Circuit Court of Appeals acknowledged that the ruling is "harsh" but said it was bound by precedent.

 

"There is no doubt that the government botched the investigation into Watson's assertion of citizenship, and that as a result a U.S. citizen was held for years in immigration detention and was nearly deported," the court ruled. "Nonetheless, we must conclude that Watson is not entitled to damages from the government."

 

"We think that the analysis of the law by the majority opinion is clearly wrong, respectfully," says Watson's lawyer, Mark Flessner. Flessner is considering a number of possible next steps, including an appeal to the Supreme Court.

.

[TBoneTX 45,285]

Major injustice.

[Steeleballz 7,550]

   I don't know all the details, but I wonder how the statute of limitations for being illegally detained can expire while the person is still being illegally detained? You would think the clock wouldn't start ticking until his release.

Edited August 25, 2017 by Steeleballz

[Going through 5,671]

On 8/24/2017 at 9:39 PM, Steeleballz said:

   I don't know all the details, but I wonder how the statute of limitations for being illegally detained can expire while the person is still being illegally detained? You would think the clock wouldn't start ticking until his release.

The full article stated that the clock starts ticking the moment he is/was first brought face-to-face with the judge and pleads his innocence.

[jane78 12]

On 8/28/2017 at 4:11 AM, Going through said:

The full article stated that the clock starts ticking the moment he is/was first brought face-to-face with the judge and pleads his innocence.

Yep, it's messed up and the court even acknowledges that. 

[CDJ2016 3]

Everyone should read this.  (link below).

Constitution On ICE--A Report on Immigration Home Raid Operations - Cardozo Law 

https://www.cardozo.yu.edu/sites/default/files/Constitution On ICE--A Report on Immigration Home Raid Operations - Cardozo Law School_0.pdf

 

Make no mistake, ICE and the other agencies under Homeland are not  Incompetent cops.   There is method to the Madness... of "protecting" ....  ICE  - nothing new in terms of LAW enforcement tactics of the US.....  sadly...

 

 

[TBoneTX 45,285]

On first skim (deeper reading pending), the analysis looks very interesting.

What, if anything, has changed since its publication in 2009?

[Frage 67]

I know that USC don't need to carry proof of citizenship with them but I think it's good to have the passport card. You just never know. When I speak English, I have an obvious accent. And I'm used to carry my GC with me to it really doesn't make a difference to me which card I carry now.

 

These articles keep mentioning a number ICE provides to call if you're a detained citizen. What is that number?