Reply to Irish-born husband of U.S. citizen, based in Wakefield, Mass., in ICE detention for 5 months

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Why don’t they just put him on a plane back to Ireland?  Is it because he has to first go through the courts, get his “day in court” per the due process clause?

I feel like these folks who get taken into custody by ICE should be able to just purchase a plane ticket and have ICE drop them off at the gate. Is that not permitted by our government?[/quote]

He is imprisoned because he is contesting his deportation. He overstayed his tourist visa in 2009. The article from the Irish Times states,

[i]In Buffalo he was interviewed by an Ice agent, who asked if he would sign a form agreeing to his deportation. Culleton said he refused, and instead ticked a box where detainees can state they wish to contest their arrest. He wrote down that his grounds for contesting were that he was married to a US citizen and had a valid work permit.[/I]

ICE made a mistake and if you overstay your visa you don't get due process and can be deported, but the erroneously had him down under another category.

[i]Culleton was initially identified as a VWP [visa-waived tourist] overstay, subject to prompt removal with no right to a bond hearing. Yet, at some point, Respondents confused Culleton as having entered under a non-immigrant visa, and provided him with a bond hearing, at which bond was granted. [/I]

But then ICE realized their mistake and fought for him not to be released. So he is in a bit of a legal limbo.

He isn't the type of people that ICE should be prioritizing. On the other hand it probably isn't possible for a US citizen to go to Ireland, overstay the tourist visa, start a business and live there for 20 years without paperwork. He should have gotten married years ago to get a green card. He only got a work permit in 2025. [/quote]

People are still entitled to due process. That is a completely nonsensical interpretation of the constitution. Detention for people with immigration cases like his is not justified. Detention is limited to people who are a flight risk that are unable to post bond. He has been living here for 20 years and has a wife. There is no reasonably credibly basis to assume he will just disappear and go into hiding to avoid a deportation order if he loses his court case. [/quote]

+1. To hold someone in detention at taxpayer expense for 5 months and never move their case is incredibly damaging.  Perhaps the Trump admin should prioritize funding its judicial processes, rather than wasting money on SuperBowl ads touting the work of ICE that cost tens of millions of dollars [/quote]

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