ICE Arrests Pro-Trump Green Card Holder After 30 Years in the US

A Ukrainian-born green card holder's recent detention and subsequent release have ignited a renewed debate over immigration enforcement policies in the United States. 

Sergey Kostenyuk, a legal permanent resident residing in Spokane, Washington, spent two months in detention before being released on April 23. Kostenyuk's arrest occurred on February 15 under what his family describes as deceptive circumstances. Undercover Immigration and Customs Enforcement (ICE) agents, posing as potential customers for his backyard shed and chicken coop business, detained him. 

Kostenyuk, who has resided in the US for over three decades after arriving as a child refugee, had prior felony theft convictions in 2018 involving stolen property. The Trump administration's immigration enforcement initiatives, which have resulted in the detention and deportation of thousands of individuals, including those with legal status, are at the centre of this case. The administration has vowed to remove undocumented immigrants and lawful residents deemed a legal risk while tightening immigration controls. 

Despite United States Citizenship and Immigration Services (USCIS) affirming that green card holders have the right to remain in the country unless they violate certain laws, Kostenyuk's past convictions became the focus of his legal battle. Amanda Ng, an attorney with the Northwest Immigrant Rights Project representing Kostenyuk, explains that while criminal convictions can affect immigration status, civil immigration cases are separate from criminal proceedings. Kostenyuk's legal team argues that his prior offences should not have warranted his prolonged detention, given his permanent resident status.

Mary Loisate, Kostenyuk's partner and a US citizen, expresses frustration over the administration's aggressive approach. Loisate reveals that Kostenyuk had been a supporter of former President Donald Trump, specifically backing his stance against illegal immigration. “You should see his garage—Trump flags and posters everywhere,” Loisate told KUOW, a local NPR affiliate. “I took them all down. I’m not happy about this at all.”

During his detention at the Northwest ICE Processing Centre in Tacoma, Washington, Kostenyuk awaited multiple hearings to determine his fate. Loisate voices concerns about the possibility of deportation to Ukraine, a country his family fled decades ago and which remains embroiled in a war with Russia. Legal experts and immigrant rights advocates argue that cases like Kostenyuk's highlight the indiscriminate nature of the administration's approach. Ng notes, “With these new arrest quotas, it’s kind of indiscriminate. Sergey was fortunate to get out, but there are many people who are still in detention and shouldn’t be.”

Michael Mehr, an attorney who represented Ward, has called the administration’s mass detention and deportation efforts an example of government overreach. “This is an example of the new Trump deportation plan sweeping up even lawful permanent residents like Cliona Ward,” he told Newsweek. “She was not a danger to anyone. She was, in fact, the primary caregiver for her chronically ill son and a longtime, valued employee at a Christian conference centre. She had resided in the U.S. since she was 12 years old. The only thing Trump's administration did with this escapade was to tarnish our image abroad and at home.”

Tricia McLaughlin, Assistant Homeland Security Secretary, defends the administration's approach, stating, “The Trump administration is enforcing immigration laws—something the previous administration failed to do. Those who violate these laws will be processed, detained, and removed as required.”