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]

Precisely.  And that’s why immigration law requires bond hearings.  But the Trump admin has been illegally denying them.  [/quote]

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