A B.C. mother and her daughter, who now live in Texas, have been detained by Immigration and Customs Enforcement (ICE).
Edward Warner, his wife Tania and his seven-year-old step-daughter Ayla, who has autism, were coming back from a friend’s baby shower on Saturday when they went through an ICE checkpoint in Sarita, Texas.
“They asked for our identification, which we provided to them. I provided my driver’s licence. She provided her driver’s licence, work visa and her actual visa. Or passport, I’m sorry,” Warner told Global News.
He said they had been through the checkpoints before, which are permanently located on routes 77 and 281, and had never been asked for identification.
Tania and Ayla were born in Penticton, B.C., Warner is from Texas and they have lived together in Texas for five years.
“They brought Tania inside the building because they wanted to fingerprint her for more information and then about 15 minutes later, they came out and got Ayla and said they needed to fingerprint her for more information as well,” Warner said.
“Then, after about a 40- to 45-minute wait, they came back out and told me that they were not legal to be in the U.S. and that I was free to go.”
He said he has spoken with his wife and she and Ayla have now been moved to the Dilley Detention Centre in Dilley, Texas.
“Which gives them at least a bed to sleep on instead of the hard floor,” Warner said.
Previously, he said they were at the Ursula detention center in McAllen, where conditions were worse.
“They were sleeping on the floor using the floor masks to keep warm because all they had were those like tin space blanket things, and they said the food was terrible, the guards were awful, just the whole experience is gonna be very traumatic for the both of them,” Warner added.
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He said that at least in the Dilley Detention Center, he can give Tania money on her commissary and they can speak on the phone.
“I spoke with our attorney this morning, actually, right before this call and she’s going to start getting the packets together to turn in and we just want to get everything moving along,” Warner said.
“Hopefully, we can get them out of there soon.”
Tania applied to immigration four years ago, but was denied because Warner is a registered sex offender in the state of Texas because of an incident when he was a teenager.
Warner said their lawyer found a way to self-sponsor and his name is not attached to any of his wife’s or stepdaughter’s documents.
Immigration lawyer and policy analyst Richard Kurland, who is based in Vancouver and not directly connected to the case, said that even if Canadians have their paperwork up to date, they are still in jeopardy in the U.S.
“For any reason, the American immigration system can question your documents,” he said.
“Until those questions are answered, you may find yourself in a detention centre.”
Kurland said that if an agent has a question about someone’s paperwork, even if it is perfectly in order, the agent needs time to resolve that question.
“What’s different is that in Canada, we don’t have immigration checks after you cross the border or get out of the airport,” he said.
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“In America, because of the heightened sensitivity to immigration issues, they have introduced domestic immigration checks. So even though this family was not entering the United States from Mexico, but was travelling within the United States, they were subject to American immigration questioning, resulting in detention.”
Kurland said it’s not uncommon and an agent has the right to incarcerate someone and place them in immigration detention until the agent is satisfied that there is confirmation of valid immigration documents.
“It’s a heartache to see a seven-year-old autistic child needlessly detained in an immigration pen that has been known to cage children in detention, and PTSD as an outcome would not be uncommon for that child,” he added.
“We do not do this in Canada. We do not detain seven-year-old autistic kids in immigration detention without solid reasoning. If this family is correct, their immigration paperwork was 100 per cent-a-OK, someone’s got a lot of explaining to do on the American side.”
Warner said that later on Friday, he spoke to Tania on the phone and she said she was told she had overstayed her stay and that is why she is being held.
He disputes that because he says her case is still being processed and she has refused to sign a document that ICE gave her that would keep her in detention for another 20 days.
Warner does not know what implications that might have for his wife and stepdaughter’s detention.
In a statement to Global News, Global Affairs Canada said that “Global Affairs is aware of multiple cases of Canadians currently or previously in immigration-related detention in the U.S and has received requests for information and assistance from individuals and their family members.”
Warner just hopes his wife and stepdaughter are able to come home soon.
“I know they have beds now,” he said. “I know that there’s a little school in there and there’s some toys, other kids, stuff like that. So it’ll be all right for Ayla.”
Sorry for all the spamming here. I get upset really easily when one of my multiple personalities takes me over. I have many mental health issues.
“Alberta trucker convicted of child luring in U.S. to be sentenced in April”
Oh look another white Trump supporter from Alberta
The Trump ped0 protectors are getting more and more desperate everyday
He copies my name and repeats the same weak insults every time. So many hurt feelings lol
Aww look at the troll get upset lol
Then again, it looks like this woman has done nothing but make bad mistakes. I sympathize with the sex offender husband. I’ve had my own issues in the past involving small kids, but it’s all good now. I am allowed to keep my McJob and clean washroom as long as young kids aren’t in the washroom at the same time.
Only a N A Z I would support what ICE did to these people
… writer buries the “sex offender” part way down in the story after most intellectually lazy people have already formed their opinion and quit reading …
She is married to an American
as for the hubby of the yr who has sex offender history, perhaps the kid is the safest being away from him! I do not know!!! All I am saying, for the Americans to keep them away from the hubby, they very likely might have a lot more information than the Global news!
… as for the hubby of the yr who has a sex offender history, perhaps the kid is the safest being away from him! I do not know!!! All I am saying, for the Americans tokeep them awwy from the hubby, they very likely might have a lot more infornation than the Global news!
Imagine overstaying your visa and then complaining when you get caught to make national headlines . . . . Maybe follow the law when in other countries
Every article g l o b a l shares on ice is always dramatized why be in a foreign country without the correct paperwork.
Would they go to Russia and hope they couls wing it.
Edward Warner is a registered sex offender. That seems like an important part of this story. Shame on these journalists and news outlets for not giving the full story or doing their due diligence.
Somebody should tell the US government that immigration laws are not really laws and are not to be enforced if there is an autistic child involved, and everyone can just come and go as they please.
Kurland said:
“What’s different is that in Canada, we don’t have immigration checks after you cross the border or get out of the airport”.
And THAT statement alone perfectly summarized what’s wrong with Canada’s immigration system!
As for the lady with the kid detained by ICE, stop playing the victim because autistic etc., and get your papers in order. The immigration cleanup in the States is ongoing so, unless you’re living under a rock somewhere, you should be well aware of this.
She seems to make a ton of bad decisions. Hooking up with a sex-offender (strike one), with a child (a swing and a miss), in a state far away from her own country without proper paperwork (‘you’re out!”). Make better choices.
If one wants to immigrate, get the paperwork done first, then move. The idea that one can move, then stay in the country until the paperwork is approved is just asking for trouble. Doing so after the application has been denied results in things like this.
Trump has ramped up the attacks on people who have overstayed their tourist time. Why try to play the victim card, when one is obviously breaking the law, just because it suits them.