Irish woman Cliona Ward, who has been a green card holder for more than 30 years, is in an ICE detention center in Washington after traveling to Ireland last month.
Cliona, whose green card is valid until 2033, was stopped by US Customs and Border Protection (CBP) at San Francisco International Airport (SFO) on March 19.
She was returning to California from Ireland, where she had accompanied her step-mother to visit her father, who is at the end of his life.
Expunged convictions
Cliona's sister Orla Holladay told NBC Bay Area that Cliona was detained at SFO because of her prior criminal record, which stretches from 2003 to 2008.
Orla separately told Newsweek that Cliona's prior criminal record includes six cases - two felonies for possession of drugs in December 2007 and January 2008, and four misdemeanors.
The convictions, however, had been expunged at the state level.
Orla told Newsweek that Cliona, who had struggled with addiction, has now been sober for more than 20 years.
After being held by customs for three days at SFO, Cliona was released so she could obtain documentation to prove her records had been expunged in California.
After getting the documentation, Cliona returned to SFO Customs for an 'administrative hearing' on April 21 - however, the Irish woman was again detained by customs and told she would have to argue her case in front of an immigration judge.
"I feel like I'm living in the Twilight Zone," Orla told NBC Bay Area. "She has a criminal past which she has atoned for."
A source close to the investigation told NBC Bay Area that Cliona is still under federal custody because her expungement happened at a state level, not federal.
"She followed all of the instructions"
Orla has since launched a GoFundMe page for legal expenses with a target of $30k. As of Monday morning, more than $22k had been raised from more than 180 donors in four days.
"She did everything she was supposed to do in order to make reparations for that criminal conviction," Orla wrote on the GoFundMe page, "and has been gainfully employed, paying taxes, and building a family in Santa Cruz."
Cliona also has a son, a US citizen, who is "chronically ill who depends on her for caregiving."
Orla wrote: "She followed all of the instructions given to her by CBP for this supposed administrative meeting [on April 21], which was, in reality, an effort to take her into custody.
"Cliona is a very private and gentle person who wants nothing more than to return to her quiet life."
In an update on the GoFundMe page on April 24, Orla wrote that Cliona had been sent to an ICE detention center in Washington with a court date set for May 7.
Records show that Cliona is now in ICE custody at Northwest Detention Center in Tacoma, Washington.
The following day, Orla wrote that she was able to talk to her sister, who she said was "terrified" and "scared of getting lost in the system."
In an update on Saturday, Orla wrote that Cliona "shared that although she can't speak with the majority of the women in there because most don't speak English they have been giving each other support and there are lots of tears and hugs between the women."
Orla added that they had found a lawyer - Erin Hall - who they were hoping would take Cliona's case.
"Unimaginable"
Meanwhile, California Rep. Jimmy Panetta told NBC Bay Area in a statement: "It’s unimaginable that a reportedly expunged, 20-year-old incident could be used as justification for deporting a legal permanent resident who is a productive member of our community.
"But this is the cruel and unreasonable state of this Administration’s deportation policy.
"As a former gang prosecutor, I understand and appreciate the need to remove hardened criminals from our communities, but the detention of Cliona Ward—now in her 50s and a Green Card holder—for decades-old crimes that have reportedly been expunged from her personal record is unfathomable and unacceptable.
"I am continuing to press US Customs and Border Protection for the release of Ms. Ward and am working closely with her advocates to coordinate our efforts, ensure transparency, and uphold the law and due process that must be afforded to everyone in the United States."
Taoiseach responds
In Ireland, Taoiseach Micheál Martin told The Journal that he was "concerned" about Cliona's case.
“Obviously our consular officials and our consulate general in San Fran and elsewhere would be supporting and facilitating Cliona and the family to get this issue resolved,” he told The Journal on Monday.
“When issues like this arise from time to time, our officials in the Department of Foreign Affairs engage with a view to getting the issues resolved.
"Our advice is consistent in terms of where people have green cards, for example or citizenship rights and so on, there shouldn’t be an issue."
He added: “And so we will be pursuing it on a practical basis to make sure that those who are legitimately entitled to be in US are free from any challenges or difficulties of this kind."
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