Irish woman legally residing in US for 30 years detained following visit to ill father in Ireland

LAST UPDATE | 28 Apr

AN IRISH WOMAN who had been living legally in California for 30 years was detained by US Immigration and Customs Enforcement (ICE) this month after returning from a trip to Ireland to visit her sick father.

54-year-old Cliona Ward, who moved to the US in her early teens, first encountered legal issues in March upon her return to the US from Ireland, where she had been visiting her father who has dementia.

Ms Ward, who lives in Santa Cruz, California and has held a green card for 30 years, was detained and questioned by customs officials at San Francisco airport due to a past criminal record dating from 2003 to 2008. 

At the time of questioning, her green card was up to date, not expiring until 2033. A green card, officially called a Permanent Resident Card, allows an individual to live and work in the US on a permanent basis.

Ms Ward argued that her previous criminal convictions had been expunged, prompting customs authorities to release her temporarily so she could obtain documentation confirming that her record had been cleared in California.

However, when she returned to San Francisco Airport Customs on 21 April to present proof of the expungement, she was detained again and informed that she would need to present her case before an immigration judge.

Ms Ward was held at the airport for three days and is now being held at an ICE facility in Tacoma, Washington State, according to the agency’s website.

Asked by The Journal about Ms Ward’s situation today, Taoiseach Micheál Martin said he was “concerned” about the case and that consular assistance is being provided. 

“Obviously our consular officials and our consulate general in San Fran and elsewhere would be supporting and facilitating Cliona and the family to get this issue resolved,” he said.

“When issues like this arise from time to time, our officials in the Department of Foreign Affairs engage with a view to getting the issues resolved. Our advice is consistent in terms of where people have green cards, for example or citizenship rights and so on, there shouldn’t be an issue.

“And so we will be pursuing it on a practical basis to make sure that those who are legitimately entitled to be in US are free from any challenges or difficulties of this kind,” the Taoiseach added.

Asked if he is concerned about the visible shift in US immigration policy, the Taoiseach said there have been other reports of incidents like this and it is something that will be “taken up” by the Irish government in bilateral talks with the US. 

A GoFundMe page has been set up by Ms Ward’s sister, Orla Holladay, to cover her legal costs.

“She did everything she was supposed to do in order to make reparations for that criminal conviction,” Orla said in the online fundraiser.

She added that her sister has a son who is chronically ill with Crohn’s disease and a complicated fistula who relies on Ms Ward for caregiving.

Speaking on her meeting to prove her clearance, Orla said her sister “followed all of the instructions given to her by Customs and Border Patrol”, claiming that the meeting was “in reality, an effort to take her into custody”.

“I feel like I’m in the twilight zone. She’s not a criminal,” Orla told US media outlet Newsweek.

“She has a criminal past, but she’s not a criminal. She’s a person with a painful past.”

US Representative Jimmy Panetta, a Democrat from California, said that it was “unimaginable” that a reportedly expunged, 20-year-old incident could be used as “justification for deporting a legal permanent resident who is a productive member of our community”.

“But this is the cruel and unreasonable state of this Administration’s deportation policy,” Panetta said.

“As a former gang prosecutor, I understand and appreciate the need to remove hardened criminals from our communities, but the detention of Cliona Ward—now in her 50s and a Green Card holder—for decades-old crimes that have reportedly been expunged from her personal record is unfathomable and unacceptable.”

Ward remains in custody, and her family has recently retained a lawyer.

Panetta said that he is “continuing to press US Customs and Border Protection for the release of Ms. Ward and am working closely with her advocates to coordinate our efforts, ensure transparency, and uphold the law and due process that must be afforded to everyone in the United States.”

With reporting from Jane Matthews