Irish man and American wife detained by ICE despite applying for green card

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EL PASO, Texas – An Irishman married to an American has been held in an immigration detention center for five months despite his pending application for a green card, according to court records.

Seamus Culleton’s detention is part of a pattern of increasingly stringent enforcement by the Trump administration, involving not only people who crossed the border illegally, but also those who overstayed their visas and legal immigration documents.

Culleton is being held at Camp East Montana, a detention facility built on the Fort Bliss Army base that is expected to hold 5,000 people.

While in U.S. Immigration and Customs Enforcement custody, Culleton missed at least two scheduled interviews with U.S. Citizenship and Immigration Services to confirm his green card, his attorney Ogor Okoye told USA TODAY.

USCIS and ICE are sister agencies under the Department of Homeland Security.

“ICE, you have the authority to have him appear for an interview,” Okoye said. “This is an interview to confirm the position you say he doesn’t have.”

Tricia McLaughlin, assistant secretary of Homeland Security, said in an email response to questions that Culleton “subjected full due process” and was ordered removed by a judge.

“Pending green card applications and work permits do not confer legal status to remain in our country,” she said.

Irish citizens do not require a visa to travel to the United States. Culleton arrived in 2009 but stayed longer than the allowed 90 days and has lived here for 15 years, his lawyer said. He started plastering and met his wife, Tiffany Smith. They got married in 2025.

People like Mr. Culleton who entered the United States under the Visa Waiver Program legally waive their right to challenge their expulsion if they violate the terms of the agreement.

However, a long-standing policy that began in 2013 made an exception for “immediate relatives” of U.S. citizens. As long as the applicant does not have a deportation order or criminal record, he or she can apply for immigration benefits such as lawful permanent residence.

Culleton was applied. His attorney says he has no criminal history or even a traffic ticket. In court documents, Mr. Culleton disputes the government’s claim that he received a final order of dismissal. He said he never received or signed the purchase order.

Immigration authorities picked up Culleton in September after he ran his license plate in a Home Depot parking lot in Massachusetts, according to court records. He was briefly detained in New York and then transferred to a facility in Texas.

The Trump administration is flying detainees from Democratic-leaning jurisdictions such as Massachusetts to ICE detention centers in the 5th Circuit Court of Appeals, including Texas, Louisiana and Mississippi, where it is difficult for immigrants to obtain bail or be released.

Okoye said Culleton’s wife, Smythe, posted $4,000 bail to secure his release, but ICE appealed the judge’s decision and it was overturned.

A federal judge rejected a habeas corpus petition seeking his release because of his long detention, ruling that the petition was premature. Immigration detainees may apply for release after being held for six months beyond a judge’s release or release order.

Detainees and immigrant advocates are sounding the alarm over conditions at Camp East Montana. Three detainees held there since December have died. One person was ruled a homicide.

Lauren Villagran covers immigration for USA TODAY. Contact him at lvillagran@usatoday.com.

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