Immigration Detainees Include U.S. Citizens

A U.S. citizen born in Jamaica is suing the U.S. Immigration and Customs Enforcement Agency for holding him as an immigration detainee and preparing deportation proceedings against him. Davino Watson, who became a citizen in 2002, was held for more than three years before federal officials released him in 2011. Numerous other former immigration detainees, who were either naturalized U.S. citizens or legal residents, have also filed suit against ICE and other federal agencies for unlawful detention.

Suspects Targeted As Immigration Detainees

Mr. Watson pleaded guilty to selling cocaine in New York in 2007. After he served eight months in a state facility for non-violent offenders, ICE submitted a request to have him transferred to a federal facility for immigration detainees. ICE officials reportedly ignored his protests that he was a naturalized citizen and his repeated requests to check his immigration status. He was released in 2011 after a federal judge appointed attorneys on his behalf to investigate why he was held among the immigration detainees.

Rules Cause Spike In Immigration Detainees

The Watson case is an example of how crackdowns on illegal immigrants have increased the number of immigration detainees, even when those detainees are in the U.S. legally. Current immigration laws allow ICE to request that local law enforcement officials detain suspects believed to be undocumented immigrants. The “detainer” request program has received its share of criticism, notably for how it seeks to catch immigration detainees without due process or proof of the suspect’s illegal entry.

Thousands of Detainer Requests for Immigration Detainees

A report from Syracuse University showed that ICE placed thousands of detainer requests to sweep up potential immigration detainees. The report shows that the agency filed requests for 834 U.S. citizens and 28,489 permanent U.S. residents between 2008 and 2012. Thousands of those targeted were held as illegal immigration detainees for terms ranging from a few days to several months. Mr. Watson was held longer than most at nearly three and half years.

Local Governments Declining Immigration Detainee Requests

Many local law enforcement offices have stopped approving the ICE detainer requests, stating that they are not in the business of collecting immigration detainees. At least 250 local governments have passed laws to limit their compliance with detainer requests. The New York City Council passed a measure that would call for local police to turn down ICE detainer requests for possible immigration detainees unless the requests came with a warrant from a federal judge.

Source: Reuters 

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