Cape Verdean mother with green card detained for 12 days at Logan Airport
A Cape Verdean mother living in Rhode Island has been detained for 12 days at Boston's Logan Airport and may be transferred to Maine due to the lack of adequate facilities for women in Massachusetts. The arrest took place after she returned from Cape Verde, despite having held a green card for decades. The authorities allege a "criminal history", but the defense claims that the records are old and legally irrelevant. The case exposes the lack of capacity in federal detention centers.
BOSTON, Massachusetts - A Cape Verdean woman residing in Rhode Island has been detained for 12 days at Boston's Logan International Airport, with no clear explanation as to why she is in prolonged custody. The situation has prompted the federal government to prepare for the detainee's transfer to a facility in Maine, as the judicial deadline to justify her stay at the airport is about to expire.
According to documents presented to the court, immigration and customs authorities admit that the place where Eva Mendes, 48, is being held is not suitable for long periods, and that they have been trying to find a suitable facility in the state of Massachusetts - so far, without success.
"I had to agree to this transfer. There are no beds available for women in Massachusetts. This is a violation of women's rights," said Mendes' lawyer, Todd Pomerleau, who was only able to speak to his client on Saturday. "They don't even tell the person why she's being detained. She missed the birth of her first grandchild. She cried during the whole call."
Mendes, a mother of six and a green card holder since the age of 8, was detained on November 5 by Customs and Border Protection (CBP) on her return from Cape Verde. The trip took place to accompany her family after the death of her brother - the first time she had seen her mother in 40 years.
The CBP justified the arrest by mentioning a "criminal history and previous convictions", without providing details. Pomerleau, however, considers it unlikely that old records are the cause.
"She had a minor charge about 20 years ago in which she pleaded 'no contest'. She also had some infractions when she was very young, 18 or 19, before 1997. By law and by decision of the Supreme Court, this kind of record cannot be used against her," he explained.
A court document dated Friday states that, "despite best efforts, ICE and CBP have been unable to secure adequate space for petitioner at a facility in Massachusetts."
For Kerry Doyle, former deputy general counsel of the Department of Homeland Security, the case highlights the current problem of limited capacity in detention facilities.
"There are simply not enough places right now," she said. According to her, detentions in airport areas hinder adequate access to food, showers and communication - a situation similar to that experienced by migrants detained at the border, whose families are often unable to locate them.
Doyle also warned permanent resident travelers:
"If you've ever had any interaction with the police or the court system - even something from 20 or 30 years ago - it's critical to consult with an immigration attorney before leaving the country."
Pomerleau says her client did just that and was told by immigration authorities that she would have no problem returning to the United States. The Department of Homeland Security did not respond to requests for clarification on this allegation, nor did it provide details on the charges against Mendes.
