Embassy staff in contact with Kiwi woman detained in US immigration facility
Photo:
GoFundMe
New Zealand Embassy staff have made contact with Sarah Shaw, the New Zealand woman being detained with her son at a US immigration facility.
The pair were
bundled into a van at the Canadian border three weeks ago
.
The public servant was being held at a South Texas facility in what her union the Washington Federation of State Employees called "horrible conditions".
RNZ learned on Wednesday morning the New Zealand Embassy was now involved, and that it was only made aware of the case through media reports.
Foreign Minister Winston Peters' office said nobody made contact before then.
While the Ministry of Foreign Affairs and Trade confirmed it had been in contact with Shaw, it said it would not release further information for privacy reasons.
Shaw's lawyer Minda Thorward on Wednesday told RNZ her detention was legal, but unreasonable and unnecessary, and her son Isaac's detention was not legal at all.
They had gone to Vancouver to drop two other children off for a flight back to New Zealand on 24 July.
Vancouver is about a 2.5-hour drive away from where they live in Everett, Washington State.
Thorward said Shaw used to have a spouse petition but her marriage ended amid allegations of domestic abuse.
Shaw filed an application for her status to be adjusted. Thorward said that application has been pending since 2022, but she was eligible to work in the US and travel during this time.
"She received what is called a combination card. It's one physical card that looks like a work permit but it also says it functions as a travel document," she said.
The card expired in May, but before then Shaw and her lawyer submitted a renewal application in March. A receipt of that was issued and Thorward said once that happened, the validity of the work permit was extended.
"Miss Shaw mistakenly believed that the entire card, both her travel document and her work permit, had been extended," Thorward said.
"She did not have a valid travel document, so she left the US to take her kids to the airport to fly direct to New Zealand to see their grandparents.
"And then realised once she was out of the country that she may not actually have a travel document that will allow her to re-enter."
Shaw alerted her lawyer to this, and Thorward told her to tell immigration officials at the border about it and that she had a pending application.
She told her to ask for "humanitarian parole" under the regulations.
"And that is something that is routinely used in situations like this, or at least prior to the Trump administration," Thorward told RNZ.
She said immigration officials refused and detained Shaw and her son, and transferred them to the family detention centre in Texas.
Thorward said the detention did not surprise her.
"Unfortunately, no, especially under this administration. I mean we see abuses by Border Patrol and ICE and just sort of a very draconian abusive enforcement of immigration law, especially now," she said.
"And so, I was disheartened and I was upset that she had been detained because it was completely unnecessary - but I was unfortunately not surprised."
Foreign Minister Winston Peters.
Photo:
RNZ/Calvin Samuel
Thorward said she and Shaw were waiting to hear back about whether a petition to US Citizenship and Immigration Services was approved and if removal proceedings could be terminated.
"And if it is approved then she is immediately eligible to address her status and her kids who have separate applications, their applications should be approved simultaneously with her petition," she said.
"Then we'll just have to figure out whether or not she'll have to address her status in court or if we can terminate her removal proceedings affirmatively."
Thorward has also filed a motion to terminate Shaw's son's proceedings because he had a lawful travel document.
"He is admissible and he is unlawfully detained in a removal process. I am very hopeful that we will be able to resolve all of this."
Thorward hoped for adjudication "within the next couple of weeks" given what she said was pressure from the media coverage and elected officials.
Peters' office told RNZ embassy staff learned of the case through the media and nobody had made contact beforehand.
Shaw's friend Victoria Besancon told RNZ the New Zealander was absolutely terrified when she and her son were bundled into a giant white van with no markings.
She said conditions at the detention facility were "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."
They were among the only English speakers at the facility.
"I remember her on the phone being absolutely panicked. She originally thought she was being kidnapped, she did not even realise she was being detained originally."
Sign up for Ngā Pitopito Kōrero, a daily newsletter
curated by our editors and delivered straight to your inbox every weekday.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
RNZ News
4 minutes ago
- RNZ News
'We need to be involved': Pasifika candidates running in Auckland local election
There is a total of 12 mayoral candidates, 80 council ward candidates, 386 local board canddiates and 80 licensing trust candidates. Photo: New Zealand Electoral Commission There are former Pacific candidates and new faces putting their names forward for this year's Auckland local government election in Aotearoa. The final confirmed list of candidates is out. In the Manukau ward, Councillor Lotu Fuli, one of three current Auckland councillors of Pacific descent, has also served on the local board and is seeking re-election. "Currently, we only have three Pasifika councillors at the governing body table, the mayor and 20 councillors. Out of 21, only myself, Councillor Bartley and Councillor Filipaina, who's half Samoan, sit around that very important decision-making table," Fuli said. She said she feels the weight of responsibility of her role. "I know that I'm here in this space to speak up and advocate for them, because with all due respect to the mayor and to our other councillors from other areas, they don't know what it's like for a Pasifika person growing up in Aotearoa New Zealand - in Manukau, in Otara, in Papatoe, in Magele [Māngere], or Otahuhu or Maungakiekie, Glen Innes. They don't know because they haven't lived that experience. "They haven't lived that struggle, and so they can't really, truly relate to it." Twelve individuals have put their names forward for the mayoralty, including current mayor Wayne Brown. Ted Johnston is the only mayoral candidate with Pasifika links. Each Auckland ward has a set number of council seats. For example, in Manukau, there are only two seats, currently held by incumbents Alf Filipaina and Lotu Fuli. In the Manurewa-Papakura ward, there are two seats, and in Maungakiekie-Tāmaki there is one, held by Josephine Bartley. For local board nominations, the number of seats varies. Those elected make decisions about things like community funding, sports events, water quality, and even dog walking regulations. Vi Hausia, one of the youngest Pacific candidates this year, is running for the Ōtara-Papatoetoe Local Board (Papatoetoe subdivision. He said he was born and raised in south Auckland. "Growing up I've always had the sense of, 'oh, it is what it is. It's always been like that'. And then you get a bit older and you realise that actually things isn't 'is what it is'. It's been as a result of people who make decisions in important forums, like local board." Safety and strengthening youth engagement are issues for him. "Ensuring that when kids come out of high school there's a strong pathway for them to get into work or into training, whether that's a vocational training like builder apprenticeship or university, because that's the link to ensure that our people, particularly our Pacific people, are engaged within our society, and are able to to find who they are and to be able to contribute back to society." He said Māori and Pasifika youth are overrepresented in the statistics of high school leavers who come out of high school and there's quite a high number of people who go straight onto welfare. "So we've got a responsibility on the local board as well as central government, to be able to understand what the issues are, and to ensure that young people are having the opportunity to be able to be the best versions of themselves." Another current Auckland Councillor Josephine Bartley said it iss vital that Pasifika are at the table. "It's important because if you look at the make-up of the city, we have a large percentage of Pasifika, and we need to be active. We need to be involved in the decision-making that affects us, so at a local board level and at a city council, at a governing body level." She said she is hopeful voter registrations will go up. "It's always difficult for people to prioritise voting because they have a lot on their plate. "But hopefully people can see the relevance of local government to their daily lives and make sure they're enrolled to vote and then actually vote." Reflecting on Pacific representation in mayoral races, Ōtara-Papatoetoe Local Board chairperson Apulu Reece said the 2022 race, where Fa'anana Efeso Collins came second to now-mayor Wayne Brown, could have had a different outcome. Apulu said it is time to stop blaming communities for low turnout and instead question the structure. "There's probably some value or truth in the fact that we needed to get more people out voting for Efeso and Māori and Pacific people often too busy to worry about the voting paper that they've left on the fridge. "But I want to twist that and and ask: why didn't the white people vote for Efeso? Why is it always put on us Pacific people and say 'oh, it's your fault?' when, actually, he was one of the best candidates out there. "In fact, one of the candidates, the palagi [Pākeha] lady, dropped out so that her supporters could vote for Wayne Brown. "So no one talks about the tactics that the palagis (Pākeha) did to not get Efeso in. "That's his legacy is us actually looking at the processes, looking at how voting works and and actually dissecting it, and not always blaming the brown people, but saying, 'hey, this system was built by Pākeha for Pākeha." There is a total of 12 mayoral candidates, 80 council ward candidates, 386 local board canddiates and 80 licensing trust candidates. Voting papers will be posted in early September.
RNZ News
2 hours ago
- RNZ News
Councils warn civil defence plan upgrades will lead to higher rates
As weather events become more frequent and extreme in New Zealand, councils are also increasingly bearing the brunt of emergency events, Local Government NZ said. Photo: RNZ/Mark Papalii A group representing local councils is warning new rules to upgrade civil defence plans are unaffordable, and will lead to higher rates. A Cabinet Paper released on Thursday estimated the reforms would cost councils $82.8 million each over four years, requiring updated civil defence plans and better engagement with communities and iwi. The paper notes that cost would be offset in the long term, as for every dollar spent on preparedness, evidence suggested $4 would be saved in response and recovery costs. But Local Government New Zealand chief executive Susan Freeman-Greene said councils could not afford this, and the only way would be to raise rates. She said more assistance was needed from central government. Otherwise, a better alternative would be to fund civil defence work through a levy added to insurance premiums. "As weather events become more frequent and extreme in New Zealand, councils are also increasingly bearing the brunt of emergency events. Currently, councils fund civil defence activities through rates, receiving some central government support to respond to and recover from civil defence events," she said. "The actual bill for councils and their ratepayers could be much higher that the Cabinet paper implies, because it doesn't account for the ongoing resourcing implications of minimum service levels." Emergency Management and Recovery Minister Mark Mitchell said the government intended to pass the new Emergency Management Bill during this term of Parliament, and the public would have another opportunity to make submissions during the Select Committee process. The Cabinet paper also provided details on what the bill would seek to do; clarify who was in control during emergencies (particularly when undeclared) and accountabilities at the local level; improve how Civil Defence Emergency Management Group plans were developed and with whose input; provide for representation of iwi Māori, rural communities and the wider community; and expand the lifeline utilities/essential infrastructure providers recognised under the legislation (e.g. certain digital services and solid waste). Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
RNZ News
2 hours ago
- RNZ News
Police minister blames previous government for poor asset management
Police Minister Mark Mitchell. Photo: RNZ / Mark Papalii The Police Minister says the force's asset management has been of concern "for some time". RNZ reported on Thursday that Police admit over 170 back-office job cuts last year ate into its ability to manage costly assets. Mark Mitchell said the previous government failed to invest for six years in core operations. "This was allowed to deteriorate quickly," he said in a statement. The National-led government has since put about $240 million in to meet cost pressures, and more for vehicles and a boat, Mitchell said. He did not mention asset management systems, which a Treasury report showed were at least five years behind being fixed to work properly. Police said it has realigned leadership to manage assets better. Earlier this year, it was rated the worst out of 16 agencies Cabinet put on watch to do better in 2023. Yet in 2024, Police cut the back-office staff anyway, saying it would not hurt the front line. Eleven of the 16 agencies were on track to be up to Cabinet standards by this financial year, the report back to Treasury in February said. This included Health New Zealand (HNZ), though last year it had a raft of non-compliances - including one which HNZ said would take until 2028 to fix: Meshing finance, asset and investment management policies "to ensure assets are maintained to deliver the required level of service quality". Along with that hangover of poor asset management, Health NZ also justified its lack of a national health plan financially adept enough to persuade the Auditor-General as being because it was always going to take several more years to make it "mature" enough. It was not clear how this shortcoming fit with it complying with Cabinet's directive to improve asset management. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
