ICE detains BC mother and daughter in Texas, amid bumpy road to citizenship

A BC mother and her daughter, who now live in Texas, have been detained by Immigration and Customs Enforcement (ICE).

Edward Warner, his wife Tania and seven-year-old stepdaughter Ayla, who has autism, had just returned from a friend’s baby shower on Saturday when they passed through an ICE checkpoint in Sarita, Texas.

“They asked for our identification, which we gave them. I gave him my driver’s license. He gave me his driver’s license, work visa and original visa. Or passport, I’m sorry,” Warner told Global News.

He said they had passed through previous checkpoints, which are permanently located on routes 77 and 281, and had never been asked for identification.

Tania and Ayla were born in Penticton, BC, Warner is from Texas and they have lived together in Texas for five years.

“They brought Tania into the building because they wanted to take her fingerprints to get more information and about 15 minutes later, they came out and got Ayla and said they also needed to take her fingerprints to get more information,” Warner said.

“Then, after waiting about 40 to 45 minutes, they came back out and told me it was illegal for them to be in the US and I was free to go.”

He said he has spoken with his wife and he and Ayla have now been transferred to the Dilley Detention Center in Dilley, Texas.

“Which gives them at least a bed to sleep on rather than a hard floor,” Warner said.

Previously, he said they were at the Ursula detention center in McAllen, where conditions were worse.

“They were sleeping on the floor using floor masks to keep warm because all they had were things like lead blankets, and they said the food was so bad, the guards were so bad, the whole experience would have been very traumatic for both of them,” Warner added.

He said at least at the Dilley Detention Center, he could give Tania money at the commissary and they could talk on the phone.

“I spoke with our attorney this morning, actually, right before this call and he’s going to start putting together those packages to submit and we just want everything to go smoothly,” Warner said.

“Hopefully we can get them out of there soon.”

Tania applied for immigration four years ago, but was denied because Warner was registered as a sex offender in the state of Texas due to an incident when he was a teenager.

Warner said their attorney found a way to sponsor himself and his name was not included on his wife’s or stepson’s documents.

Immigration lawyer and policy analyst Richard Kurland, who is based in Vancouver and not directly connected to the case, said that even though Canadians’ documents are up to date, they are still in danger in the US.

“For any reason, the American immigration system may question your documents,” he said.

“Until those questions are answered, you will probably be in a detention center.”

Kurland said that if an agent has a question about someone’s documents, even if everything is in order, the agent needs time to resolve the question.

“The difference in Canada is that we don’t do immigration checks once you cross the border or leave the airport,” he said.

“In America, because of increased sensitivity to immigration issues, they have introduced domestic immigration checks. So even though this family did not enter the United States from Mexico, but traveled within the United States, they were subjected to American immigration checks, resulting in detention.”

Kurland said this is not unusual and an agent has the right to imprison a person and place him or her in immigration custody until the agent is satisfied that there is confirmation of valid immigration documentation.

“It is disheartening to see a seven-year-old autistic child being needlessly detained in an immigration pen known to confine children in detention, and PTSD as a result is not unusual for the child,” he added.

“We don’t do this in Canada. We don’t hold seven-year-old autistic children in immigration detention without good reason. If this family is correct, their immigration documents are 100 percent fine, there’s a lot for the Americans to explain.”

Warner said that on Friday, he spoke to Tania on the phone and Tania said that Tania was told that he had overstayed his stay and that was why he was being detained.

He denied this because he said his case was still being processed and he refused to sign documents provided by ICE that would have kept him in custody for another 20 days.

Warner doesn’t know what impact his wife and stepson’s incarceration will have.

In a statement to Global News, Global Affairs Canada said that “Global Affairs is aware of several cases of Canadians who are currently or formerly in immigration-related detention in the US and has received requests for information and assistance from the individuals and their family members.”

Warner just hopes that his wife and stepsons can come home soon.

“I know they have beds now,” he said. “I know there’s a small school there and there are some toys, other kids, things like that. So, Ayla will be fine.”