A GoFundMe has been set up for New Zealand woman Sarah Shaw and her six-year-old son Isaac. Photo: GoFundMe
- Sarah Shaw and her six-year-old son Isaac, who live in Washington state, were detained on 24 July.
- They were returning to the United States from Canada after dropping her other two children off for a direct flight to NZ.
- Shaw was not aware part of her visa had not been renewed, making her ineligible to re-enter the US.
- They were detained and taken many states away to Texas, the nearest family detainment centre, where they remain.
A friend of Sarah Shaw, a New Zealander detained at the US-Canada border, says they're expecting to hear today whether her six-year-old son will be released.
Shaw and her son Isaac, who live in Washington state, were detained three weeks ago after dropping her other children off in Vancouver to catch a flight.
Victoria Besancon said Shaw was "absolutely terrified" when she and her son were bundled into a giant white van with no markings on it at the Canadian border.
"I remember her on the phone being absolutely panicked. She originally thought she was being kidnapped, she didn't even realise she was being detained originally."
The conditions she was being held in were "very similar to a prison," Besancon said.
"She is in a locked room with five bunk beds, she's allowed to walk around the facility from 8am to 8pm, but outside of that she is locked in a cell with other families."
They were among the only English-speakers at the facility.
A graduate student working towards her masters degree and working for the state in corrections, Shaw had lived in America for the past three years.
Besancon explained that there were two parts to Shaw's visa, known as a "combo card" - first, an I-360 visa (the kind granting immigration status to a widow or, in Shaw's case, a victim of domestic violence), and second, an employment visa, which Shaw was granted when she was employed by the state.
Shaw was waiting on both parts of her visa to be renewed, but long wait times on I-360s meant this part was not renewed at the same time as her employment visa - but Shaw did not know that, Besancon said, assuming the visa card she received in the post meant she was fully approved.
Besancon said ICE (Immigration and Customs Enforcement) officials at the border could have allowed Shaw to return anyway by filing for humanitarian parole, but due to increased detainment quotas and "the atmosphere in America right now", many people were being detained who normally would not have been.
Isaac, however, was being held illegally, she said, as he possessed all the right paperwork to re-enter the country. They were expecting a decision today on whether ICE would release him into her care.
The Foreign Minister's office has confirmed to RNZ that New Zealand's embassy is working on the case, after only just finding out about it.
Winston Peters' office said it was through the media that staff heard about the case and nobody made contact beforehand.
Peters' office said the minister was aware of the detention and would let consular officials do their work.
The Ministry of Foreign Affairs and Trade confirmed it was aware Shaw and her son were being detained.
It said consular officials had been in contact with Shaw.
It said it was not releasing anything further for privacy reasons.
Shaw's lawyer Minda Thorward said while her detention was legal, it was completely unnecessary and inappropriate.
Thorward said Shaw's son Isaac had been held illegally, but not Shaw herself. That didn't mean it was right or just and she was hopeful Shaw could be released soon, she said.
Detention in another state making legal battle difficult
Despite Isaac's paperwork, he was still detained along with his mother, which meant they needed to be kept in a family detainment centre - of which there are only three, with the nearest option to Washington state in Texas.
"Instead of being detained in her state of record, which is Washington, where her legal attorney would have had a much easier time defending her and requesting information, they took her multiple states away," Besancon said.
If Isaac was released, it would hopefully mean Shaw could be transported to a facility in her own state.
Retaining legal counsel in both states was expensive, on top of Shaw not being able to work.
The GoFundMe page Besancon set up for her friend had topped US$37,000 - that is, nearly NZ$64,000 - by Tuesday evening, leaving her "speechless".
"I was hoping to just get her rent covered for a month, I had no idea that this was going to get so much support."
As well as donations, they had also been receiving stories from other families who had experienced similar situations.
"I know it's really high on Sarah's priority list that when she does get out, to try and find a way to advocate for this."
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