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US Green Card Holder Details ‘Dehumanising’ Immigration Detention

US Green Card Holder Details ‘Dehumanising’ Immigration Detention

The detention of Fabian Schmidt, a US green card holder, upon his return to Boston Logan International Airport after an overseas trip has reignited concerns over the scope and severity of immigration enforcement policies in the United States.

Schmidt, a German native and long-term resident of Nashua, New Hampshire, was detained by Customs and Border Protection (CBP) officers due to a decade-old drug possession conviction. The incident, which resulted in two months of confinement for Schmidt, underscores the intensified immigration enforcement measures that have been a subject of ongoing debate. Schmidt's case draws attention to the varying enforcement priorities of different administrations, particularly in relation to legal residents with prior convictions.

Schmidt, who has established a career as an electrical engineer in the US after moving here as a teenager, was apprehended due to a prior conviction for cocaine possession. Though he maintains the conviction was unjust. Despite other misdemeanour charges like a DUI on his record, these were deemed irrelevant during his deportation proceedings.

According to Schmidt, upon arrival, authorities informed him of a flag on his green card due to inadmissibility, without providing immediate clarification. He claims he was subjected to an aggressive strip-search, pressured to relinquish his legal residency, denied access to legal counsel, and neglected when seeking medical attention.

Under US immigration law, permanent residents convicted of specific offences may face deportation. Adam Cox, an immigration law expert and professor at New York University, notes that while the Obama and Biden administrations also pursued deportations, their focus was predominantly on higher-priority cases. 

In contrast, "The Trump administration's approach has been broader, targeting a larger pool of legal residents---many of whom have old convictions but have lived stable lives in the country for years," Cox stated.

After five days in airport detention, Schmidt was transferred to the Donald W. Wyatt Detention Facility in Rhode Island, described as a maximum-security prison. "The moment I stepped inside, the screaming and pounding were overwhelming. I realised this was not just detention; this was prison," he recounts.

Schmidt spent 60 days in the detention facility, experiencing isolation and limited communication with his family. A legal breakthrough occurred when a criminal court vacated his drug conviction due to insufficient evidence, thereby eliminating the legal basis for his deportation. Shortly thereafter, he was released.

Now back home, Schmidt expresses a profound appreciation for everyday life.

"Taking my dog out for a walk, cooking a meal, things I once saw as ordinary now feel incredible," he says.

Despite his ordeal, Schmidt is determined to take action. He and his attorney are preparing a civil lawsuit against the Department of Homeland Security, alleging unjust detention and inhumane treatment. Neither DHS nor the Wyatt Detention Facility has commented on the case.

Critics contend that detaining long-term residents based on old convictions, especially when the evidence is questionable, raises ethical concerns. Others argue for strict enforcement to uphold the law.

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