Washington state employee and 6-year-old son detained by ICE

[Boiler 47,887]

She could have spent 10 minutes checking what her situation is, quick post on VJ would have done it.

[JD2 175]

35 minutes ago, Boiler said:

She sent the 2 children home, allegedly for a holiday which implies they want to come back, how?

"Although Shaw lacked a travel document, her son Isaac had one, according to Thorward. Shaw asked Border Patrol agents to allow Besancon, the family friend, to pick up her son, but they refused."  Maybe the older kids had AP like their sibling?

[Dashinka 26,107]

10 minutes ago, JD2 said:

So? Better than what she's experiencing now.

Hard to say in this environment.  Would she be deported to NZ?  What basis did she have to re-enter the US?

Edited August 15 by Dashinka

[Boiler 47,887]

Just now, JD2 said:

"Although Shaw lacked a travel document, her son Isaac had one, according to Thorward. Shaw asked Border Patrol agents to allow Besancon, the family friend, to pick up her son, but they refused."  Maybe the older kids had AP like their sibling?

 

Who knows, maybe they are referencing whatever visa she entered with? Travel Document, what does that mean, current ESTA, Passport?

 

Also begs the question if a child could be released to AN other, would not Child Protection Service have to be involved? Wonder where the Father is in this.

[JD2 175]

3 minutes ago, Boiler said:

She could have spent 10 minutes checking what her situation is

It appears she did: "“I thought we had crossed every ‘T’ and dotted every ‘I,’” said Victoria Besancon, a close friend of Shaw.“

[Boiler 47,887]

1 minute ago, JD2 said:

It appears she did: "“I thought we had crossed every ‘T’ and dotted every ‘I,’” said Victoria Besancon, a close friend of Shaw.“

If she did then there would be no thread. Interesting no description of what this means.

[JD2 175]

2 minutes ago, Dashinka said:

Hard to say in this environment.  Would she be deported to NZ?  What basis did she have to re-enter the US?

The article explains it.  "“Border Patrol had the discretion to parole her into the U.S.,” Thorward said. “I told her, yes, you don’t have a travel document, but you’ve only been gone about a day. Just explain what happened to the immigration officials.”  Then she would re-file her adjustment based on her VAWA I-130.

[JD2 175]

1 minute ago, Boiler said:

If she did then there would be no thread. Interesting no description of what this means.

I think we can infer what it means.  She thought she had a combo card but only had EAD.  People can make honest mistakes.  It's one of the reasons for discretion.

[Dashinka 26,107]

13 minutes ago, JD2 said:

The article explains it.  "“Border Patrol had the discretion to parole her into the U.S.,” Thorward said. “I told her, yes, you don’t have a travel document, but you’ve only been gone about a day. Just explain what happened to the immigration officials.”  Then she would re-file her adjustment based on her VAWA I-130.

Sure they do, CBP also has the discretion to not parole her in.  This is really on her though, she needed to make sure she had proper documentation to re-enter.

[Boiler 47,887]

21 minutes ago, JD2 said:

The article explains it.  "“Border Patrol had the discretion to parole her into the U.S.,” Thorward said. “I told her, yes, you don’t have a travel document, but you’ve only been gone about a day. Just explain what happened to the immigration officials.”  Then she would re-file her adjustment based on her VAWA I-130.

 

And we do not have the rest of the conversation,

 

What are the chances of being Paroled in - Low

 

What happens if I am not Paroled in - well we know that so would a Lawyer

[yuna628 9,899]

People do indeed make mistakes. It's a pity that the government will never admit that they've made a mistake as they do many times. Despite this, the law is the law, and immigration law gives little wiggle room or forgiveness to a person's ignorance of their situation. In a fair world after reviewing this case I think many of us would say.. is this person somehow causing harm? Do they deserve grace? And are we justified in our behavior of this situation? Should we be wasting resources on this? Should we change the system to find and eliminate edge cases and odd scenarios caused by well-intentioned stupidity?

 

Well.. that's not how things are now.

 

It irked me to no end about the case of Kaspar Eriksen who was rightfully detained not merely out of his and his wife's immigration mistakes, but out of their pure disregard and negligence. They have used every trick for sympathy including their race, political affiliations, and religion. All desperately ignoring the root cause - their mistake. Like the individual this thread is about and numerous others.. go fund me's are started and there will be conflicting articles that do nothing to actually shed light on the disfunction in our system, the government's nonsensical responses, the difficult journeys many make to get here and stay, nor the way our actual system works. This lady and those that guided her to this position, like Eriksen, operate in a world of naivety, where they think the rules do not apply to them, that exceptions will be made because of their qualities, and that they are not like other immigrants on tv they are ignoring that could ever get into trouble.

[Boiler 47,887]

In my mind the logical action would have been to refuser had admission and send her back to Canada, however this seems not possible where the person is not Canadian.

 

Similar ish to the Canadian Lady who sought entry from Mexico on an a TN.

[Boiler 47,887]

Just got a text the Jim is on at 4pm MT, wonder if this will get a mention, not sure I can make it.

 

I do remember it being mentioned that Canadians often seem to think they get a pass, maybe Kiwis do as well.

[Crazy Cat 45,247]

"I thought" has gotten a lot of people into trouble.....especially in immigration.  

[Crazy Cat 45,247]

There are multiple cases, here on VJ, where a person left the country without an approved advance parole.  The difference is that I don't recall those people trying to get back into the US.  Had she not been at a land crossing, she would have avoided detention.  To say that CPB, under Biden, would have paroled her into the country is speculation, imo.