U.S. Citizen Who Was Held By ICE For 3 Years Denied Compensation By Appeals Court
Davino Watson was imprisoned as a deportable immigrant for 1,273 days, despite having U.S. citizenship. Now a court says he is not eligible for $82,500 in damages he was awarded.
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 ½ 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.