ICE Wrongly Imprisoned an American Citizen for 1,273 Days

[RavenSky]

So, he came to the US in 1998 with a Jamaican passport/US visa and nothing. Just stayed. Dad became a citizen in 2002 and still nothing. Son is still just hanging out on a long expired US visa? I guess so.

No, the son was not just hanging out on a long expired US visa. The son automatically became a US citizen on the same day as his father because the son met the other requirements of the Child Citizenship Act of 2000:

The child has at least one United States citizen parent (by birth or naturalization);
The child is under 18 years of age;
The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;
The child is a lawful permanent resident

"Acquiring citizenship automatically means citizenship acquired by law without the need to apply for citizenship."

Sure, at some point he could have requested a certificate, just like any of us could request a birth certificate, but no one is required to, nor is anyone required to "show papers"

ICE was required to do their jobs.

 

[Loren Pechtel]

I agree.

In the criminal justice system, the person has a right to an attorney.

Because immigration is a civil matter, there is no similar right to an attorney even thought the potential consequences are just as but... as evidenced by an american citizen spending 3 & a half years in jail for no reason.

Is there no recourse after the fact? Seems... wrong.

The problem is the statute of limitations was up.

 

[whichphilosophy]

Is there no recourse after the fact? Seems... wrong.

The problem is the statute of limitations was up.

It depends, if there is one but he had been constantly raising this issue at, intervals less than the given limitation the claim could still be live. I may be wrong but this is based on what I have seen in common law countries. I don't have the time details in this case. Also discovery at a later stage of breaches of law may circumvent any such limits of raising a new case.

 

[Jimmy Higgins]

Is there no recourse after the fact? Seems... wrong.

The problem is the statute of limitations was up.

The problem is ICE and Border Customs are effectively above the law.