[flagged]
Not according to the article?
> "And I did, I complied with everything they said. They asked me if I had a Green Card, I said I didn't, I said I was married to a citizen and that I had a marriage-based petition in place and I was just about to receive my Green Card and that I had a work permit to be here and work."
> He said he had received the work permit about "a month or so earlier", so as far as he knew he was covered.
"Culleton concedes he is removable under the VWP. Reply 10."
He came to the U.S. under the Visa Waiver Program, which is limited to 90 days, back in 2009.
I also like these parts:
> Culleton testified that he did not sign the Notice nor did he write “I’m married to a citizen and have a work permit” on it.
> Secore testified that he remembered serving the Notice on Culleton, but not watching Culleton sign it.
> Secore also testified that the paperwork was riddled with mistaken dates because of the way ICE’s computer system operates.
> Secore testified that he should have caught those errors when processing the paperwork, but that he “missed” them.
What do you think that proves?
It’s one thing to not be bothered by constitutional violations, it’s a whole another thing to be ok with squandering our tax dollars.
An EAD gives a person legal status to work in the United States but has fewer privileges than a green card.
EADs are not issued to people with immigration status (eg. citizens or permanent residents). It is ONLY issued to those with no status.
And as we now know, the Irish man in question:
- Entered under VWP, which EXPLICITLY bars any form of status adjustment
- Filed a Habeas Corpus petition, which was denied by a judge
- Has a final order of removal, signed by a judge, not an administrator
In fact, you need to just take a look at the back of an EAD card. It explicitly states it is not evidence of status.
This guy is a weird hill for you to die on. He overstayed TWENTY YEARS and immigration courts, which are known to be far more lenient, have denied his ridiculous arguments to stay.
Your link and quote does not support this specific claim. The law linked is about naturalization and not about being granted permanent resident status.
Do you have any evidence this man entered the USA illegally? Seems to me he obviously had a 90 day tourist visa when he entered the country at least. Sounds like lawful admission to me.
As much as I loathe everything about how ICE is conducting their activities these days, this case does not seem like a good candidate for sympathy, it does not look like injustice.
If you think he should be free to stay in the US, fine; if you think he deserves to be deported, fine; what he doesn't deserve is to be corralled indefinitely in filthy conditions just because they need to meet their quotas.
If you don't think that's injustice then there's something wrong with your sense of morality.
Though I could believe it would take a little longer right now due to the volume of detentions and the apparent incompetence of ICE.
When you frame a question as an absolute, I feel comfortable answering no.
If you have a real philosophical argument you want to make, go for it.
Why be outraged at someone else's status? People migrate for all sorts of reasons.
And you should be outraged at people who don’t follow the rules. One of the things that makes America a first world country is that cutting in line is considered a crime against society and carries heavy social consequences. Saying “don’t make noise when you see other people breaking the rules” is the mentality that exists in the third world country I’m from and it has no place in the U.S.
The cruelty is the point.
> the person is being detained only because he is refusing to return to his country of citizenship
He's being detained because ICE chose to detain him.
There is no US visa that allows living there for 20 years without work authorization. He entered illegally (or overstayed illegally) then tried to adjust status based on marriage, which is fraud.
That may sound like a distinction without a difference to you, but legally they provide very different avenues for acquiring a residency permit.
We also now know a judge refused his Habeas corpus petition, and he has a final order of removal -- signed by a judge, not an administrator.
He also refused to be deported to Ireland.
it sounds like he was here legally. Maybe not the whole time, i dont know that for sure! but certainly at least at the time he was picked up by ICE goons.
Another alternative is the CR-1 visa, also a legitimate pathway.
The New York Times attempted to cover this scheme a few months ago but when you look into all the cases they all involve lying to the government or outright fraud, for example one case they highlighted was of someone who entered on a K-1 visa, which requires marriage within 90 days and which you legally agree to do, marrying TWO YEARS after entry and attempting to adjust status. So basically, committing massive immigration fraud and betting the government won't notice.
There is no U.S. visa which allows 20 year stays with no work authorization. Doesn't exist. So he entered illegally.
>Why throw him in a detention center
Because he committed immigration fraud? Overstaying means you lied to CBP. Entering illegally is a crime, too.
His I-485 is ineligible, period. He entered under the VWP, which makes you ineligible for any adjustment of status. His case would have been denied, undoubtedly.