Paul BurkeThe dad of a Welsh tourist detained in a US immigration centre has urged travellers to be “very careful” about their visa requirements.
Becky Burke, 28, has spent 10 days in a US Immigration and Customs Enforcement (ICE) processing centre in Washington State and was also denied entry into Canada, over a “visa mix-up”, said Paul Burke.
He said Ms Burke got free accommodation for helping host families “around the house”, which he believes authorities may have suspected broke the terms of her tourist visa.
The US Department of Homeland Security has been asked to comment while the UK Foreign, Commonwealth and Development Office (FCDO) confirmed it was were supporting a British national.
Mr Burke told BBC Radio Wales Breakfast he could not understand why she was “locked up and she’s in an orange prison jumpsuit whilst the paperwork gets sorted out”.
He said what was meant to be a life-changing backpacking trip “has turned into a nightmare”.
The artist, from Portskewett, Monmouthshire, had flown from New York to Portland, Oregon, where she spent time with a host family, helping with household chores in return for accommodation.
At the end of February she travelled to Seattle with plans to travel to Vancouver in Canada to stay with another family.
However, when she reached the border, Mr Burke said the Canadian authorities denied her entry as they were concerned she may try to work illegally.
Ms Burke’s dad described the situation as a misunderstanding of her accommodation arrangements, which were “just like a cultural exchange”.
When the Canadian authorities took her back over the border, Mr Burke said his daughter was told she was being detained as they considered “that host family cultural exchange to be work”.
“So basically she couldn’t go into Canada, she wasn’t allowed in the US,” he said.
Mr Burke said homeland security took his daughter to an immigration detention centre in Tacoma, Washington, and wanted to warn others to be “very careful” about visa requirements.
Paul BurkeMr Burke said his daughter described the conditions in the immigration centre as “horrendous”.
He added: “At first she was just distraught. She was inconsolable. She is allowed to ring out using a shared iPad but we can’t call her.”
The dad said, as their family is not American, they cannot add money to Ms Burke’s inmate account for her to buy essentials, so they have reached out to some American friends to help.
Mr Burke said his daughter just wants to come home and has asked for voluntary departure but it has been “radio silence”.
The family have been told voluntary departure has to be approved by a judge, but added they do not know “how to make that happen”.
Paul BurkeMs Burke’s parents said they were in daily contact with the British consulate in San Francisco, which is the nearest one to the detention facility, but claimed “official channels can’t get a clear answer about what is going on”.
Melissa Chavin, a US immigration lawyer based in London, said Ms Burke could be released either through voluntary departure or expedited removal, but the process of appearing in front of a judge as part of voluntary departure could be delayed because judges had been fired by the Trump administration.
Ms Chavin said expedited removal – which allows officials to quickly deport non citizens – had been expanded under President Trump and could now happen anywhere in the country as opposed to within 100 miles of the border.
“That could work out well for [Ms Burke] – in that she could leave quicker,” Ms Chavin said, adding that it would also come with a five-year ban on travelling to the United States.
She also urged people travelling to the United States to ensure they can pay for their own accommodation.
Ms Burke had organised some of her trip through Workaway, which matches hosts with travellers.
A spokesperson for the company said it was “very sad” to hear about what had happened but that it was “the responsibility of the host and person travelling to make sure they are within the law, have the correct visa or permit and insurance in place before travelling”.
It said those planning to visit the US to work, volunteer or study needed the correct visa, and should check with the embassy in their country before travelling.
“Unfortunately if these warning are not followed and someone attempts to enter the United States without the correct permissions or visas in place then the US border control are within their rights to refuse entry.”
Ms Burke’s family have been in touch with Monmouthshire MP Catherine Fookes, who has raised the case with Foreign Secretary David Lammy and Foreign Office minister Stephen Doughty.
“I am deeply concerned about my constituent’s welfare and the distress this situation is causing her and her family,” said Ms Fookes.
The MP said her team have been in regular contact with the FCDO and other relevant authorities to “press for urgent action”.
The FCDO confirmed it was supporting a British national detained in the United States and were “in contact with the local authorities”.
