Seamus Culleton at risk of deportation from US ‘any day now’, lawyer says

Seamus Culleton has been living in the US for almost 20 years. File image. 

An Irish man detained by US immigration authorities is “in danger of being removed” from the country “any day now”, his lawyer has said.

Seamus Culleton has been detained by US Immigration and Customs Enforcement (ICE) since September.

He has described “horrible” conditions at the detention facility in Texas, which he likened to a “modern-day concentration camp”.

Mr Culleton is originally from Co Kilkenny but has been living in the US for almost 20 years and is married to an American citizen.

He was driving home after finishing work in Massachusetts when he was detained by ICE agents on September 9 last year.

Mr Culleton said he had a work permit but was arrested and taken to an ICE facility in El Paso, Texas.

The US Department of Homeland Security said Mr Culleton arrived in the US in 2009 under a visa waiver programme, allowing people to stay in the US for 90 days without a visa, but did not leave after this period.

At an online press conference on Wendesday, his lawyer Ogor Winnie Okoye said they had challenged the lawfulness of his detention on the basis of “due process violations”.

Ms Okoye said the administrative process for people who overstay the 90-day visa waiver programme (VWP) mandates the US government to follow specific rules around efficiency and fairness.

“For instance, VWP entrants are mandated to receive notices by the government of their intent to remove them from the United States as well as certain other procedural protection.” Ms Okoye said the US government has historically given exemptions and forgiven certain immigration violations – such as working without authorisation or overstay – to immediate relatives of US citizens.

Mr Culleton’s wife Tiffany said the whole process has been “overwhelming”.

Seamus Culleton is married to a US citizen. File image.

“Life has just been on hold for the past five months. 

I just want Seamus home where he belongs.

“I want us to be able to finish what we started.” She added: “Seamus is a good man, he doesn’t deserve what’s going on and it’s absolutely heartbreaking.” Asked if she would be prepared to move to Ireland if Mr Culleton was deported, she said that would be a conversation for her and her husband.

Ms Okoye said: “Seamus has made a life in the United States for over two decades, Tiffany was born here in the United States.

“They have a business, they have family, they have everything here and, you know, people think it’s easy to pack up and go.

“It’s not easy when you’ve made a life somewhere and you’ve tried to do everything right.” She added: “It is not just Tiffany and Seamus that are impacted by separation, it is whole communities that are decimated.” 

Green card process was underway

Ms Okoye said he had submitted a green card application before his arrest.

“He has strong familial and community ties. He has no criminal entry in his records since coming to the United States. He’s married to a US citizen.” She said he had been scheduled for his marriage-based green card interview in November, two months after his arrest.

This was rescheduled to December but a request for it to be conducted by phone was denied.

“Mr Culleton is still in ICE detention under extremely dire conditions as he previously mentioned in interview.

“He is in danger of being removed form the United States any day now.” Ms Okoye said they were seeking his immediate release so he can complete the process of getting lawful permanent status in the US.

“If ICE releases him, he can practically walk into the (US Citizenship and Immigration Services) office in Boston and get interviewed for his green card and get it.

“My whole argument is, if we’re all about family uniting, if we’re all about a humane approach to immigration, if we’re all about getting out the bad guys, why is the government not allowing him?”