(Seoul = News1) Reporter Chae-yeon Yoo – Korean scientist Kim Tae-heung (40), who holds a U.S. green card, has been detained at an American airport for the 10th day after visiting South Korea and returning to the U.S.
According to the Washington Post (WP) on the 29th (local time), Kim was detained by U.S. immigration authorities during a secondary screening process at San Francisco airport upon returning to the U.S. on the 21st of last month after a two-week visit to South Korea for his brother’s wedding.
Kim has been living in the U.S. since he was five years old, totaling 35 years, and is currently pursuing a Ph.D. at Texas A&M University, researching a Lyme disease vaccine. His parents immigrated to the U.S. in the 1980s on a business visa and later acquired U.S. citizenship.
Kim’s attorney stated, “The government has not disclosed the reason for Kim’s detention to his family or himself, and they are blocking legal counsel access.”
Kim was reportedly fined in Texas in 2011 for marijuana possession but completed community service thereafter. His attorney believes that his drug possession record might have become the issue.
A spokesperson for the U.S. Customs and Border Protection (CBP) explained in a statement to WP, “This foreign national is currently detained by Immigration and Customs Enforcement (ICE) while awaiting deportation proceedings. A green card holder convicted of a drug crime is considered in violation of their status, leading to a notice to appear, and CBP coordinates with ICE to secure detention space.”
However, Kim’s legal team argues that immigration law allows for leniency in cases where a green card holder’s status is threatened by minor crimes, and Kim meets the criteria for exemption.
Furthermore, they pointed out that a CBP supervisor informed Kim that the procedural due process and the right to an attorney stated in the 5th and 6th Amendments do not apply to him. They criticized, “If the Constitution does not apply to someone who has lived in this country for 35 years and holds a green card, it implies the government can say it doesn’t apply to anyone who has resided in the U.S. for a shorter period.”
Under the strong anti-immigration stance of the Trump administration, there have been instances of individuals with valid visas facing deportation. In response to a News1 inquiry last May, Trisha McLaughlin, Deputy Assistant Secretary of Public Affairs at the Department of Homeland Security, stated, “Those holding visas or green cards are our ‘guests,’ yet visas and green cards are not privileges. The U.S. government has the right to revoke the status of those who commit crimes while holding a visa or green card and exploit U.S. laws.”