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Visa Technicality Leads to Three-Week Sarah Shaw ICE Detention of New Zealand Mother and Son By BBC News North America Correspondent Everett, Washington, USA – A New Zealand citizen and her six-year-old son, Isaac, were detained by US immigration authorities for three weeks after a technical error involving her travel documents at the US-Canada border. The case of the sarah-shaw-ice-detention has sparked an intense public debate over the proportionality and discretion used by US Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), particularly concerning individuals with deep ties to the United States and pending legal immigration status. Sarah Shaw, who has lived legally in Washington state for over three years and works as a youth counsellor, was apprehended upon re-entering the country and subsequently transported thousands of miles to a family detention facility in Texas, despite having no criminal history. The incident began on 24 July, when Ms Shaw, 33, drove her two elder children to Vancouver, British Columbia, to board a direct flight back to New Zealand for a holiday. Upon attempting to return to her home in Everett, Washington, with her youngest son, Isaac, officials at the Blaine border crossing flagged an issue with her immigration paperwork. Ms Shaw was travelling on a ‘combo card,’ a temporary document that provides both employment authorisation and advance parole (travel permission) for applicants awaiting permanent status. While she had recently received confirmation of her renewed work authorization, her legal team stated that the advance parole component of the card had either expired or was still pending approval at the time of the border crossing—a bureaucratic oversight she was unaware of. Under US immigration law, leaving the country with an expired or pending travel document while holding certain temporary statuses can automatically invalidate an application, leading to mandatory detention upon re-entry. A spokesperson for CBP defended the action, confirming that officials are bound by strict legal compliance.
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"When someone with an expired parole leaves the country and tries to re-enter the US, they will be stopped in compliance with our laws and regulations," the spokesperson stated. They added that when accompanied by a minor, protocols are followed to keep families together. This legal imperative meant that although her son, Isaac, reportedly held valid travel documents, he was detained alongside his mother to prevent familial separation. Instead of being processed at a nearby facility, Ms Shaw and Isaac were transported by air to the South Texas Family Residential Center in Dilley—one of the few family detention facilities in the country—more than 2,000 miles away from their home and support network. Ms Shaw’s legal representative, Minda Thorward, contends that border officials possessed the discretionary authority to grant Ms Shaw humanitarian parole, which would have allowed her to return home while resolving the administrative discrepancy. "This was a minor paperwork error, not a violation of law," Ms Thorward said. "The decision to detain her and her young son, and then transfer them across the country, represents a grotesque misuse of power and discretion, turning a solvable administrative issue into a terrifying ordeal. " During their three weeks in custody, Ms Shaw described the conditions as isolating. Speaking after her release, she highlighted the lack of privacy and emotional space, particularly for a six-year-old child.
"There was nowhere to decompress. Isaac saw me have multiple breakdowns," Ms Shaw reported, noting the difficulty of being held in shared rooms where privacy was hard to secure, even for basic acts like showering. She also alleged that staff threatened to confiscate her phone when she attempted to maintain contact with her attorney. The facility management maintains that the center is "retrofitted for families" and provides for the safety, security, and medical needs of residents. The detention generated significant political and grassroots pressure. The Washington Federation of State Employees (WFSE), Ms Shaw’s union, launched an immediate campaign, working with elected officials and raising more than $60,000 for her legal defense. Advocates believe the high-profile nature of the case, involving a citizen of a close US ally with strong community ties, played a critical role in expediting her release. Ms Thorward stated her belief that the prompt parole was "solely due to the intense media coverage and community support" that drew international attention to the circumstances. Ms Shaw and Isaac were released on humanitarian parole in mid-August, after three weeks of detention.
However, the conditions of her release required her to wear an ankle monitoring device. Additionally, Ms Shaw reported that ICE dropped her off in Laredo, Texas, without her passport, driver's license, or state ID, forcing a costly and logistically challenging journey back to Washington state. Her immediate focus is now on recovering her documentation and working with her attorney to have the electronic monitor removed as she prepares for her next court date to resolve her underlying immigration status. Legal analysts suggest the sarah-shaw-ice-detention case underscores the inherent risks in the current US immigration enforcement system, where minor bureaucratic lapses can lead to severe consequences, even for those with long-standing residency and professional ties. While the broad discretion of border officials is intended to ensure national security, critics argue that its application in cases involving administrative errors can lead to disproportionate punishment and significant emotional trauma for children and their families. The episode has amplified calls for greater transparency and consistency in how the discretion of border enforcement agencies is exercised in future cases. eof.
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