Lawyer: Santa Cruz resident’s immigration case a ‘cautionary tale’ under Trump 2.0

The 17-day detention of a Santa Cruz resident with decades-old expunged convictions is a stark warning for other permanent residents under the second Trump administration, according to a local immigration lawyer who helped secure her release.

The case of Cliona Ward, an Irish citizen and permanent resident who has lived in the Santa Cruz area for more than 30 years, represents a significant shift in how federal immigration officials are handling residents returning from abroad who have past criminal records, even when those offenses have been removed from their record by the state, said immigration lawyer Michael Mehr. 

Mehr, who is based in Santa Cruz, played a part in the efforts to get Ward released from federal custody. He, along with immigration lawyer Erin Hall — who is based in Washington state — and Rep. Jimmy Panetta worked together to reunite Ward with her family after more than two weeks in federal detention. Hall declined Lookout’s request for comment. 

“I was thrilled for her family,” said Mehr. “I was thrilled that something as unfathomable as her being taken into custody when she’s not a public threat or flight risk was resolved.” 

Ward, 54, was detained on April 21 at San Francisco International Airport after presenting documents to prove that her past criminal convictions had been expunged by the state; U.S. customs officials had briefly detained Ward upon her return from an earlier trip overseas because of her previous criminal history. 

After being held in an immigration detention center in Tacoma for nearly 17 days, Ward was released and reunited with her family on Wednesday. 

Her release was announced near the end of a rally in front of the Santa Cruz County courthouse, where nearly 80 friends, family and fellow members of the Service Employees International Union gathered in support of Ward, and demanded her release. Over the past few weeks, all eyes were on Ward’s case, as it’s garnered attention locally and overseas. 

“This would have not happened prior to Trump 2.0,” said Mehr of Ward’s case. “Someone with decades-old, expunged convictions, who’s not a threat to the public safety or flight risk would not have been detained by Customs and Border Protection after returning from a trip.”

Under the second Trump administration, lawful permanent residents have to be worried when traveling abroad, especially if they have a previous criminal record, Mehr said. Even U.S. citizens are calling Mehr’s office worried that they might also encounter trouble when traveling, he said. 

A key component in achieving Ward’s release was securing post-conviction relief, a legal process for individuals seeking to get criminal convictions expunged, which was granted in three days — the quickest turnaround Mehr has experienced, he said. This usually involves filing a petition or motion with the court that originally convicted the individual seeking the relief. 

Typically, the process to get post-conviction relief can take up to six months. If the post-conviction relief hadn’t been granted, Ward would’ve probably spent another four months at the Tacoma detention center, Mehr said. 

Ward’s previous criminal convictions from 2007 and 2008 for drug possession were vacated by the Superior Court of Santa Cruz County with the help of county district attorney Jeffrey Rosell, said Mehr. Ward’s criminal attorneys at the time had not advised her of the immigration consequences, which the court had found violated her right to due process, he said. The Santa Cruz County District Attorney’s Office has not responded to Lookout’s request for comment. 

Mehr explained that criminal attorneys will often tell their noncitizen clients in cases with minor drug offenses that a guilty plea and successfully completing a treatment program would expunge those convictions under state law, removing them from the criminal record. But, unfortunately under immigration law, federal officials will still recognize those vacated convictions, he said. 

“So, additional post-conviction relief is often necessary for a lawful permanent resident to safely travel or apply for naturalization,” Mehr said.

He advises lawful permanent residents who might have any criminal convictions (even if they are minor) to contact an immigration lawyer if they plan to travel abroad. He added that if individuals are charged with any offense to make sure their criminal attorneys are consulting with an immigration attorney. 

“Immigration law is complicated and it’s changing fast, and so, clients need to know what the consequences are,” Mehr said. 

Mehr said he was told that customs officials who had detained and transported Ward to Tacoma were allegedly reluctant to do so, but under a second Trump administration “these were their marching orders.” As an immigration attorney, Mehr said he’s handled many cases where someone returns from a trip abroad only to be put into removal proceedings, but he has never had a client who was detained who was not a danger to the public. 

“In this case, she was detained at taxpayer expense for 17 days until she was released. [Ward] is just part of Trump’s cruel and inhumane treatment of noncitizens,” he said. 

Mehr added that efforts by Ward’s sister, Orla Holladay, also played a big part in her release. Holladay set up a GoFundMe — where she posted daily updates — and coordinated with the SEIU to organize rallies in Santa Cruz and Tacoma. 

“This is the kind of coordination and public support that’s needed to correct injustices that we’re going to see more and more often in the Trump 2.0 administration,” Mehr said. “I understand that a lot of the same groups and individuals are ready to do it again if and when the hammer strikes somebody else in this area.” 

Ward is now home in Santa Cruz, according to Holladay’s latest update on the GoFundMe page. Holladay wrote that Ward is in a state of “absolute grace,” and keeps saying, “I’m like a new baby in this world.” 

Holladay said Ward wants to write a message for the people who have supported her story. “Each of you have literally helped to save Cliona’s life as she knows it and we love you for your humanity and kindness,” Holladay wrote. 

Holladay has not responded to Lookout’s requests for comment. 

—-

FOR THE RECORD: This story was updated to correct which of Ward’s convictions were vacated by the court. Previous misdemeanor convictions for theft and DUI were not a factor in her detention.

Have something to say? Lookout welcomes letters to the editor, within our policies, from readers. Guidelines here.