Quick Take
Cliona Ward, a Santa Cruz resident for almost 30 years, was detained by U.S. Customs and Border Protection at San Francisco International Airport on Monday. Ward's roommate told Lookout that authorities said they could not verify that previous criminal charges against Ward had been expunged.
A longtime Santa Cruz resident was detained by U.S. Customs and Border Protection agents at San Francisco International Airport earlier this week, despite having legal permanent resident status.
Cliona Ward, 54, who has lived in Santa Cruz for 30 years, was detained Monday after presenting documents to prove her previous criminal charges had been expunged, according to Ward’s roommate, Magdalene Kavanagh-Hetrick, who emailed Lookout this week about Ward’s detention.
Ward, who was born in Ireland, was initially detained by customs in March after returning from traveling out of the country because of her previous criminal history, the roommate said. She was released and given time to collect any documents that proved the charges against her had been expunged.
When she returned to the airport Monday night with the proper documentation, Ward was detained again after authorities said they could not verify that her criminal record had been expunged, according to Kavanagh-Hetrick’s email. Ward’s criminal record, which stretches from 2003 to 2008, includes misdemeanors and felonies involving possession of drugs and theft, according to an NBC Bay Area report.
Ward’s roommate and sister have not responded to Lookout’s requests for additional comment. U.S. Customs and Border Protection has not responded to Lookout’s repeated requests for confirmation of Ward’s detention.
While lawful permanent residents cannot be denied entry to the U.S., CBP agents do have the authority to detain or question a green card holders under certain circumstances, such as if they have been outside of the country for more than six months or have been convicted of a crime involving controlled substances, fraud, theft or intent to hurt others.
U.S. Customs and Border Protection has more than 70 deferred inspection sites at ports of entry along the southern and northern borders and at airports. Deferred inspections usually occur when a CBP agent cannot make an immediate decision “concerning the immigration status of an arriving traveler” at the port of entry due to a lack of documentation, according to the CBP website.
On a case-by-case basis, deferred inspections are scheduled at a later date in order for the individual to present any additional documents — in Ward’s case, documents that proved her previous criminal charges were expunged.
The ultimate decision to rescind someone’s green card status lies in the hands of an immigration judge. When Ward was detained on Monday at SFO, border patrol agents told her that she would have to argue her case to an immigration judge, according to the NBC Bay Area report.
Ward’s case is not the first time green card holders have been caught in the Trump administration’s crackdown on immigration. Border officials are taking a hard-line approach to lawful permanent residents with criminal history, including minor offenses. In March, a New Hampshire green card holder originally from Germany was detained, possibly for an old misdemeanor charge for possession of marijuana that was later dismissed.
“It is unimaginable that a reportedly expunged, decades-old crime could be used as justification for deporting a legal permanent resident who is a productive member of our community,” said U.S. Rep. Jimmy Panetta in a written statement to Lookout.
Panetta said that as a former gang prosecutor, he understands the need to remove hardened criminals from communities, but that Ward’s detention for crimes that have been expunged is “unacceptable and unfathomable.”
Have something to say? Lookout welcomes letters to the editor, within our policies, from readers. Guidelines here.