I came across a story on Facebook asking us to publicize the detention of UK citizen Becky Burke who is being held by ICE. She’s evidently unhappy to be wearing a orange jumpsuit while languishing in detention. She got there in a somewhat round about way. First Canadian authorities wouldn’t let her in when she tried to cross into Canada from the US. When the trotted her back to the US, the US authorities decided she was an illegal alien or undocumented immigrant or whatever term you prefer. They placed her in a detention facility. That’s the short story. If you are curious, you can read more.
Facebook stories being Facebook stories, details were sparse. Also, the source is mostly her Dad and so things are worded in a way that is rather favorable to Becky. Among other things he characterizes her situation as a “visa mixup”. The story as told in Facebook had me scratching my head a little. One question was “Why would a British citizen traveling as a tourist be refused entry into Canada?” British citizens don’t need visas when traveling as tourists to Canada. What could the “mixup” possibly be?
I had to google to learn more. Becky evidently traveled to the US, was here a while, then she tried to enter Canada. That’s where things first went wrong. From the BBC.
“However, when she reached the border, Mr Burke said the Canadian authorities denied her entry as they were concerned she may try to work illegally.”
When the Canadians escorted her back to the US, the American authorities agree with the Canadian’s interpretation that she has been working and plans to work while traveling through the US and Canada. So, the American’s weren’t letting her stay in the US without a work visa either. But unlike Canada, the US couldn’t just refuse her entry because she’s already here. They put her in detention.
Now you might as “Was she working”? After all, if she wasn’t working, this is horrible unfair. She evidently did housework for host families while they provided her with accommodations. Her trip was organized through a program called “Workaway”, which sort of implies that the program organizing it know it’s considered “work” in some sense the word. Becky’s family evidently considers this to be some sort of “cultural exchange”. Maybe it is. Working as an Au Pair is considered “cultural exchange.” Doing so requires a work visa.
The reaction from Workaway to her plight is:
A spokesperson for the company said it was “very sad” to hear about what had happened but that it was “the responsibility of the host and person travelling to make sure they are within the law, have the correct visa or permit and insurance in place before travelling”.
[..]
“Unfortunately if these warning are not followed and someone attempts to enter the United States without the correct permissions or visas in place then the US border control are within their rights to refuse entry.”
Anyway, Becky is now detained in the US and is evidently unhappy about the conditions in detention. A Daily Mail article describes the food and other conditions:
‘She is sharing a cell, surviving on a diet of cold rice, potatoes, and beans (she is vegan), and has limited access to phone calls,’ [her father] wrote.
‘Visitors are restricted to speaking through a glass screen via telephone.
‘All her possessions have been confiscated, and she feels isolated and desperate to come home.’
I guess you don’t get some veggies in detention? I would have expected the dorm cafeteria classic “mixed vegetables” would be served. I’d guess she can’t surf the internet either. I’m sure I would not enjoy being in detention either. I’d want to get out.
How could that be accomplished?
Melissa Chavin, a US immigration lawyer based in London, said Ms Burke could be released either through voluntary departure or expedited removal, but the process of appearing in front of a judge as part of voluntary departure could be delayed because judges had been fired by the Trump administration.
Voluntary departure is experiencing big delays due to judges being fired or resigning. Ok… that’s slow. Potentially it is very, very slow. Slower than normal. Because Trump.
What about this “expedited removal” thing? As far as I can tell, expedited removal needs only a low levels administrator and can be supposedly be done in one day. Many articles describing it seem to thing the swiftness of the process is a bad thing because it doesn’t give people seeking asylum time to make their case. But I’m under the impression Cheryl Burke is not seeking asylum for persecution in the UK. So I would think she might jump at this chance. And Trump has evidently expanded the expedited removal process.
The 2nd Trump administration, however, has expanded it to the maximum, to apply to foreign nationals encountered anywhere in the United States who have been continuously present in the United States for less than two years.
She seems to have been here less than two years.
The new rule appears to be described here. As far as I can tell, it could apply to her case. I don’t know why immigration officials did not apply this process to her– the articles don’t say. It sounds like if it was applied, she would no longer be in the detention center. That would seem to be a nice thing.
But also, you evidently can’t ask for expedited removal. Google’s nifty AI thing currently says
No, you cannot request expedited removal; it is a process initiated solely by immigration authorities against individuals they believe entered the United States illegally and are subject to expedited removal procedures, meaning you cannot ask to be removed quickly through this process; if you are facing deportation, you should consult an immigration attorney to understand your options.
In any case, two downsides of expedited removal is the person removed by this process can not enter the US for 5 years or possibly longer and there is an order of removal put on your record.
A British Member of Parliament (MP) is evidently involved in some way and FCDO (Foreign, Commonwealth & Development Office) are evidently in contact with local authorities. Even though technically you can’t ask for expedited removal, I would think the FCDO might suggest it to an official who would then say, “Hey! Yeah. If I decide to do this, she’ll be out quickly! Problem solved!”
Speculating, perhaps the British MP or FCDO is asking to not use expedited removal? Dunno. Anyway, I thought people might find this story interesting. It’s a bit out of the ordinary relative to other immigration stories.
As usual, this is an open thread. Talk about whatever you like. (I’ll leave comments on the other thread open for a bit since perhaps we’ll want ones on immigration near the top of comments.)