logo
Father of NZ woman in US detention centre claims she will be released this week

Father of NZ woman in US detention centre claims she will be released this week

By Kate Green of RNZ
The father of a New Zealander detained in the United States believes there is a 90% chance she will be released before the end of the week.
Sarah Shaw and her six-year-old son were detained by US immigration at the Canadian border three weeks ago, after she tried to leave and re-enter the US without both parts of her visa approved.
On 24 July, Shaw drove across the border from her home in Washington state to Vancouver, to see two of her three children onto a direct flight to New Zealand to visit their grandparents.
Waiting at the other end was her dad Rod Price, who told RNZ a frantic phone call was the first indication anything was amiss.
"We got messages all the way through - yes, they're at the airport, they're on the plane, they're taking off - and then she went to go back across into the US, and then I got a frantic call to say that she's being detained and they're about to take my phone off me and they're locking me up for the night."
He started to get properly concerned when he heard they had flown Shaw and Isaac to Texas, to the nearest detainment centre which accommodates families.
The conditions had been difficult for them both.
Her friend Victoria Besancon previously told RNZ the detention facility was "very similar to a prison".
"She is in a locked room with five bunk beds, she is allowed to walk around the facility from 8am to 8pm, but outside of that she is locked in a cell with other families."
But Price said among the detainees, they were the lucky ones. His daughter spoke English as a first language and had access to good lawyers - even if the logistics involved in contacting them were a little complicated.
Her lawyer Minda Thorward told RNZ: "I cannot call her, she can only call me, and then I have to be available to recieve the call and press one to allow the call to come through. So communication is a little bit of an issue."
Besancon has been appointed power of attorney, making logistics a little easier.
The past week had brought a big increase in media coverage and pressure from Washington state officials, and staff from the New Zealand embassy had made contact with Shaw, after learning of her case from reports in the media.
Besancon said it was making a difference. "They started really changing the way they've been speaking with her legal representation."
And Price said they were feeling optimistic.
"There's a 90% chance that she's going to be out Thursday, which is our Friday, 3pm. She's so confident that she's already booked a flight back to Seattle."
If that did not go to plan, a court date was locked in for 29 August, in which Shaw would have the opportunity to fight for her release in front of a judge.
Meanwhile, her other two children, aged 8 and 10, were enjoying sunny Whangaparāoa, although they were anxious for their mum, Price said.
"Ah, the young fella, it's just water off a duck's back, but my granddaughter is - she won't outright say it - but you know, you can tell by their actions and their concern and questions."
He said the children would be staying with him until there was someone to meet them at the other end.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Ban on protesting outside homes rebalances freedom of expression and privacy rights
Ban on protesting outside homes rebalances freedom of expression and privacy rights

RNZ News

time3 hours ago

  • RNZ News

Ban on protesting outside homes rebalances freedom of expression and privacy rights

Justice Minister Paul Goldsmith has announced protesting outside someone's home will become an offence. Photo: RNZ / Mark Papalii The government's ban on protesting outside someone's home will rebalance the right to freedom of expression and the right to privacy, a law professor says. But another academic has questioned whether a new law is necessary, and says police may struggle to enforce it. Justice Minister Paul Goldsmith announced on Friday protesting outside someone's home would become an offence, punishable with a fine or jail time. While it would apply to all residences, Goldsmith said there had been increased reports of demonstrations targeting the homes of public figures like MPs, judges and other officials. Otago University law professor Andrew Geddis said current laws around protests only related to public settings. "Protests that take place outside someone's home really do intrude into a sort of domestic sphere where people usually feel they should be able to exist unperturbed and unthreatened," he said. "So this particular change in the law will help to restrike that balance." Otago University law professor Andrew Geddis. Photo: RNZ / Cole Eastham-Farrelly Geddis said the change would plug a legal gap highlighted by a Supreme Court ruling nearly two decades ago. The 2007 case, Brooker v Police, involved a man who was convicted of disorderly behaviour for standing outside a police officer's house playing the guitar and singing protest songs against her, he said. But the Supreme Court found his behaviour was not disorderly. "The Supreme Court said that disorderly behaviour only applies to the public consequences of your behaviour, how that affects the public place. "And just because it's intruding into someone's private home, that's not a consideration as to whether the protest is covered by disorderly behaviour," he said. It meant the balance between people's rights within their home and people's rights to protest in public was "out of whack", Geddis said. One of the judges noted the court's finding could lead to more protests outside people's homes, and Parliament would need to consider that at some point, he said. "It turns out he was right." Victoria University law professor Steven Price said police may find it hard to enforce the new law. Goldsmith said it would be tightly targeted and prohibit "unreasonable disruptions", but Price said the independent police watchdog's review of policing protests found officers struggled to make a call on that. "What the IPCA had to say about that ... is that police have trouble on the ground having to make fine distinctions about what's an unreasonable disruption and what's not, and that seems a fair point to make," he said. "But on the face of [Goldsmith's] press release, it doesn't really solve the problem." Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.

Basil fires parting shot at 'gutless bureaucrats'
Basil fires parting shot at 'gutless bureaucrats'

Otago Daily Times

time5 hours ago

  • Otago Daily Times

Basil fires parting shot at 'gutless bureaucrats'

A Queenstown identity twice prosecuted by the Electoral Commission says he has taken a pragmatic approach to ending a four-year court saga. Former property developer Basil Walker, who was granted a discharge without conviction by Judge Catriona Doyle in Queenstown's court this week, says his opinion of the Crown agency, which runs the country's elections, is unchanged. "They're a gutless, mean-spirited pack of bureaucrats." The 73-year-old was charged last year under the Electoral Act for signing a false declaration that he was eligible to vote in the 2023 general election. He claims he only did so because he was unaware his name was on the commission's Corrupt Practices List at the time, which made him ineligible to vote. Walker was put on the list in 2021 after he was convicted and fined for failing to file an election expenses return after the 2020 election — he'd stood as an independent candidate for the Invercargill electorate on a plank of saving the Tiwai aluminium smelter. His lawyer later described his delay in filing the return as a "peaceable protest". Speaking to Mountain Scene after his court hearing this week, Walker says he'd been "completely unaware" his 2021 conviction had meant his name had gone on the Corrupt Practices List for three years. He'd never heard of the list, because no one told him about it. "It wasn't in the judicial notes, it wasn't in the statement of charges, the police didn't know, the prosecution didn't know and the court didn't know." He agreed to a plea deal — admitting the false declaration charge in exchange for the police supporting his discharge application — because he's a "very pragmatic person". Although he'd been prepared to defend himself at a judge-alone trial this week, he knew that if he'd lost and been convicted, he would've gone back on the Corrupt Practices List for another three years. The idea of his name being associated with corruption is upsetting, and he values his right to vote in next year's general election, he says. "Corruption is not something any New Zealander likes, is it?" However, both the prosecutions against him have been "convoluted, messed up and poorly administrated" by the Electoral Commission, he says. All he'd done was file a late expenses return, and make a declaration contrary to a list he'd never heard of.

NZ mum Sarah Shaw and son to be released from ICE detention
NZ mum Sarah Shaw and son to be released from ICE detention

1News

time17 hours ago

  • 1News

NZ mum Sarah Shaw and son to be released from ICE detention

Sarah Shaw, the New Zealand woman detained at the US-Canada border, and her son are set to be released from US immigration custody. Her lawyer confirmed her parole request had been granted, and Washington Federation of State Employees' Mike Yestramski said a flight back to the state from Texas, where Shaw and her six-year-old son, Isaac were being held, had been booked for the coming days. Shaw had taken her two older children to Vancouver so they could catch a direct flight back to New Zealand on July 24 to visit family, and she then planned to travel back to her home in Washington with her younger son. They were stopped at the border by immigration agents, who said there was a problem with her documents. The pair were immediately detained. Shaw's lawyer, Minda Thorward, told local media at the time that she had a temporary immigration document that allowed her to travel and re-enter the US, but had been an "administrative error" with it. ADVERTISEMENT Shaw and her son were then transferred to a facility in South Texas – one of only two that can house families together. Shaw and her son shared a room with four other families, and were among the only detainees who spoke English. Seattle media site KING5 said Shaw immigrated to the United States three and a half years ago with her then-husband as her sponsor. They subsequently divorced and while this can jeopardise a green card application, Shaw was able to reapply independently under guidelines for survivors of domestic abuse, KING5 said. Shaw had been working at a juvenile care facility run by Washington State. Her detainment came as immigration officials in the US ramped up their efforts under President Donald Trump's immigration crackdown. This had led to people being detained who were typically not under previous administrations.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store