Green Card Holder Detained by ICE Over Expunged Drug Convictions

Cliona Ward, a 54-year-old Irish national and green card holder, is currently detained by US Immigration and Customs Enforcement (ICE) after returning to San Francisco from Ireland in late April. 

The detention stems from past drug possession convictions dating back to the early 2000s, which were reportedly expunged from her record after she fulfilled her legal obligations. Ward, who has resided in California for approximately 40 years, had travelled to Ireland to visit her ailing father, who is living with dementia in Youghal, County Cork. Upon her arrival at San Francisco International Airport, customs officials flagged her past criminal record. Initially, Ward was granted temporary release, provided she presented official documentation proving the expungement of her convictions. 

Despite complying with this directive, she was subsequently detained and informed that her case would be adjudicated by an immigration judge. She was then transferred to an ICE detention centre in Tacoma, Washington, where she remains incarcerated. The detention has elicited strong reactions from Ward’s family and supporters. Her sister, Orla Holladay, who resides in the United States, has voiced concerns over the conditions Ward is enduring at the detention facility. According to Holladay, the water is undrinkable, and the food is inedible, creating dehumanising circumstances for her sister.

Holladay has established a GoFundMe page to raise $30,000 to cover legal expenses, which has garnered significant support. Holladay has shared that Ward’s attorney predicted her detention could extend for several months. Despite her past convictions, Ward has been a productive member of her community, working in the charity sector and providing care for her chronically ill son, Malachi, who is a US citizen. The central legal issue in Ward’s case revolves around the discrepancy between state and federal recognition of her expungement. 

While her criminal record was cleared at the state level in California, federal authorities have reportedly not acknowledged this, rendering her vulnerable to immigration penalties. Ward’s attorney is seeking to address these inconsistencies and secure her release. The Irish government has intervened to provide consular assistance, with Taoiseach Micheál Martin confirming that his administration is engaged in bilateral discussions with US officials to resolve the matter. Martin emphasises that green card holders with legitimate rights to reside in the United States should not encounter such challenges.

California Congressman Jimmy Panetta has criticised the detention, calling it an unjust application of immigration policy. Panetta argues that decades-old, expunged convictions should not be grounds for detaining a legal permanent resident who has demonstrated rehabilitation and contributions to the community. He highlights the potential cruelty of current deportation policies, which he believes disproportionately target individuals who pose no threat to public safety.

Data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University indicates that ICE detention levels have fluctuated over the past decade, with significant increases observed during certain periods. The data also reveals disparities in detention rates across different regions of the United States, reflecting varying levels of immigration enforcement activity.

The U.S. Supreme Court has addressed the issue of immigration enforcement and criminal convictions in several landmark cases. In _Sessions v. Dimaya_ (2018), the Court ruled that a provision of the Immigration and Nationality Act (INA) defining "aggravated felony" was unconstitutionally vague. The decision had implications for the deportation of immigrants with certain types of criminal convictions.