Irish man with valid US work permit held in ICE detention for five months

2026-02-0918:29323124www.theguardian.com

Seamus Culleton, who has lived in US for two decades, faces deportation after being arrested on way home from work

An Irish man has spent five months in US Immigration and Customs Enforcement detention and faces deportation despite having a valid work permit and no criminal record.

Seamus Culleton was a “model immigrant” who had become the victim of a capricious and inept system, said his lawyer, Ogor Winnie Okoye.

Originally from County Kilkenny, Culleton has lived in the US for more than 20 years, is married to a US citizen and runs a plastering business in the Boston area. On his way home from work on 9 September 2025 he was arrested in a random immigration sweep, according to Okoye, of BOS Legal Group in Massachusetts.

After being held in ICE facilities near Boston and in Buffalo, New York, he was flown to a facility in El Paso, Texas, where he is sharing a cell with more than 70 men. Culleton said the detention centre was cold, damp and squalid and there were fights over insufficient food – “like a concentration camp, absolute hell”, he told the Irish Times, which first reported the story on Monday.

Culleton said that when he was arrested he was carrying a Massachusetts driving licence and a valid work permit issued as part of an application for a green card that he initiated in April 2025. He has a final interview remaining.

When asked at the Buffalo facility to sign a form agreeing to deportation, Culleton said he refused and instead ticked a box expressing a wish to contest his arrest, which he intended to do on the grounds that he was married to a US citizen, Tiffany Smyth, and had a valid work permit.

At a November hearing a judge approved his release on a $4,000 bond, which Smyth paid, but authorities continued to detain Culleton, initially without explanation.

When his attorney appealed to a federal court, two ICE agents said that in Buffalo Culleton had signed documents agreeing to be deported. Culleton said he did not agree and that the signatures were not his. “My whole life is here. I worked so hard to build my business. My wife is here.”

The judge noted irregularities in ICE’s court documents but sided with the agency. Under US law Culleton cannot appeal but he wants handwriting experts to examine the signatures and believes a video of his interview with ICE in Buffalo would prove he refused to sign deportation documents.

Previous high-profile cases involving people from Ireland include Cliona Ward, who had a green card but was detained by ICE for 17 days over a criminal record from more than 20 years ago. A visiting Irish tech worker who overstayed his visa by three days and agreed to deportation was jailed for about 100 days.

Culleton told the Irish Times he did not know what would happen next and that the uncertainty was “psychological torture”. Facility officials tried to get him to sign a deportation order last week but he refused, he said.

Okoye said the US government had discretionary power to release her client and was acting in an inept and capricious manner towards an immigrant who was following the green card process. “Here’s a gentleman who is a model immigrant. He owned a successful business, he’s married to a US citizen.”

Smyth said she had endured five months of heartbreak, stress, anxiety and anger. “I would never wish this on anyone or their family. I am still praying for a miracle every day.”

After a video call with her husband on Sunday night – their first in five months – Smyth told Culleton’s family in Ireland he had lost weight and hair and had sores and infections. “There’s no hygiene there. He’s been asking for antibiotics for the last four weeks,” his sister, Caroline Culleton, told RTÉ. The detainees were seldom allowed out for exercise or air, she said.

“It’s heartbreaking. We’ve talked about what he endures physically but what about his mental health? How will he deal with this when he gets out? What long-term effect it has on him?”

Last week the Irish government said the number of Irish citizens seeking consular assistance about deportation from the US jumped from 15 in 2024 to 65 last year, a 330% increase.


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Comments

  • By Someone1234 2026-02-0918:523 reply

    I'd strongly suggest people read the article instead of discussing the title.

    - Unsafe conditions in detention.

    - Detained people fighting over food (due to insufficient amount).

    - A fake signature(!). Violating a judge's orders.

    - Multiple US Constitution violations (which, yes, does apply to non-citizens/work-visa holders/even illegal immigrants).

    This is a "hero case," but if this is happening here, imagine what people with less financial means and interest from the media are going through.

    • By johnnyanmac 2026-02-0919:081 reply

      > I'd strongly suggest people read the article

      People will just flag it instead, sadly. Concentration camps in full view (or rather, the tip of the iceberg) and people will instead bury their heads.

      • By jeltz 2026-02-0919:13

        Yeah, I have definitely noticed that a lot of Americans on HN would rather flag uncomfortable articles about their country.

    • By culi 2026-02-0918:59

      I also strongly suggest people read the ACLU's report Resistance, Retaliation, Repression: Two Years in California Immigration Detention. It's from before Trump 2 but no doubt the issues raised in here have only gotten worse

      https://www.aclunorcal.org/publications/resistance-retaliati...

      Some of those issues:

      - forced labor in order to afford to eat. The $1/day "Voluntary Work Program" is necessary to afford enough food and there is retaliation if you refuse (including solitary confinement). CoreCivic sells your labor

      - dozens of documented deaths from forced labor and medical neglect

      - extensive use of solitary confinement often for "minor disciplinary infractions or as a form of retaliation for participating in hunger strikes or for submitting complaints"

    • By tty456 2026-02-0919:00

      Add to that : "Culleton said that when he was arrested he was carrying a Massachusetts driving licence and a valid work permit issued as part of an application for a green card that he initiated in April 2025. He has a final interview remaining". Such bullshit

  • By vilhelm_s 2026-02-0918:542 reply

    There is a copy of a court order here which gives more legal details [https://www.universalhub.com/files/attachments/2026/culleton...]

    > The Fifth Circuit has held that the VWP statute “‘unambiguously’ limits an alien’s means of contesting removal solely to an application for asylum.” McCarthy v. Mukasey, 555 F.3d 459, 460 (5th Cir. 2009) (citation omitted). And once an individual violates the terms of the VWP by remaining in the United States for more than ninety days, the individual is no longer entitled to contest removal on any other basis. Id. at 462. This is true even when an individual has a pending adjustment of status application on the basis of their marriage to a U.S. citizen. Id. at 460, 462.

    > Culleton concedes he is removable under the VWP. Reply 10. But he argues that because USCIS accepted and began processing his adjustment of status application, he is entitled to due process protections in its fair adjudication. Id. at 9. The Fifth Circuit has foreclosed this very argument, reasoning that the VWP waiver includes a waiver of due process rights. See Mukasey, 555 F.3d at 462. And “[t]he fact that [Culleton] applied for an adjustment of status before the DHS issued its notice of removal is of no consequence.” Id.

    • By insane_dreamer 2026-02-100:341 reply

      It's shocking that the court could determine this when the whole process of getting permanent residency involves an adjustment of status that allows you to remain in the country even though your visa has expired so long as your application is being processed (which can take a very long time). You just can't leave the country. So to arrest someone while they are following the steps they're supposed to be following, is similar to entrapment (do X and you'll be ok, then they do X and get arrested).

      • By kcplate 2026-02-102:223 reply

        > So to arrest someone while they are following the steps they're supposed to be following

        I think the issue complicating this man’s situation is that it appears when you dig into the details that for nearly 16 years he was skirting the system and only tried getting his legal situation resolved just a few months prior to his detainment. He is choosing to fight it which is resulting in the long detention.

        Personally I believe we need some legal carve outs for this type of situation, but there is simply no doubt that this guy made a series of poor decisions prior to April of 2025 that has created the situation he is in.

        • By tpm 2026-02-109:012 reply

          > for nearly 16 years he was skirting the system

          This is the one thing that pops up often in these cases and my European head can't understand this. Obviously people do this because they can but why does the system allow this? People should be forced to sort out their legal situation one way or another in timely manner, because if something happens after decades (like what's going on now) it will cause lots of damage for many people including families with children. This many people living in legal limbo also encourages lawless behavior of the agencies.

          It would be very hard to skirt the system like that in many European countries. Not impossible, some people do it anyway, but that means more or less living completely underground without healthcare, driving license, any sort of banking etc.

          • By belorn 2026-02-109:261 reply

            There was a similar problem in Sweden. In the old system a person could first seek asylum, get denied, then seek a work visa, get denied, then seek a student visa, get denied and then repeat the process since now enough years has passed. People could also simply go underground for a period of time and then restart the process.

            Two law changes was added last year to prevent this. First, any decision remains in force indefinite as long the person remains in the country. The second is that all applications will be running simultaneous and the final decision is given at the same time, with no option to change application afterward if the result returned negative.

            The system has some drawbacks, especially if the applicant apply for the wrong thing and don't change it until the decision has been reached, but it removes stalling and delaying tactics.

            • By tpm 2026-02-109:492 reply

              > In the old system a person could first seek asylum...

              Yes but that still means communicating with the institutions and having some sort of legal status. What is en masse happening in the US and to a lesser extent was (or is, not sure, but see for example the Windrush scandal) happening in the UK is that people legally enter the country and have for a time legal standing to reside there, but that lapses, laws change etc., and just nobody cares deeply enough to solve the situation one way or another? And then decades pass and bad things start to happen. But all of this was entirely avoidable and I don't mean just 'not voting for Trump' avoidable, but in a systematic manner.

              We could compare that to the situation in Spain where there is a group of illegal migrant workers who are exploited as cheap work force. Now they are given a chance to legalise their status but that too is happening after decades of neglect. Of course there are similar groups in other countries.

              • By roryirvine 2026-02-1010:511 reply

                The Windrush situation is a bit different - the people involved were British Subjects, and didn't need any documentation when they arrived in the UK.

                The only thing that changed was the introduction of the "hostile environment" policy in 2012, meaning that everyone (including full UK citizens) must now prove that they have permission to be in the country before getting a job, renting a home, getting a bank account, etc.

                The Windrush generation always had that permission, and continued to have it - what they didn't have was the documentation to prove it. And, to make matters worse, the Home Office had disposed of their arrival records so in many cases it became all but impossible for them to get it.

                (I know this is a minor quibble, but I think it's worth pointing out that the people affected shouldn't have needed to regularise their situation, because it was never irregular in the first place!)

                • By tpm 2026-02-1012:08

                  > I think it's worth pointing out that the people affected shouldn't have needed to regularise their situation, because it was never irregular in the first place!

                  This is what I don't agree with and exactly why I mentioned Windrush as an example. The situation was irregular because while they were legally entitled to stay, they didn't have a simple way to prove it. And once they needed that, it became an issue.

                  Now I assume most of them regularised their situation and some didn't and since the state knew enough about them to try to deport them, it should have fixed their status in the first place by issuing them the needed documents. But it didn't! And that was my original point - the state neglected their situation for decades, let them adapt to changing legislative environment on their own (or not), only to swing the axe (wrongly) without warning. If they were issued a citizen ID long ago none of that could ever happen.

              • By belorn 2026-02-1010:43

                > We could compare that to the situation in Spain where there is a group of illegal migrant workers who are exploited as cheap work force

                The term we should be using here is human trafficking. It is a extremely common practice in construction and farming. As a police officer said here in Sweden in a news article, if they went to a single major construction site the yearly budget for human trafficking violations would be used up for that site alone. It is an open secret that construction sites has a tier based system for workers, where the most illegal workers (and there are different degrees to that) get the most dangerous assignments, least amount of safety equipment, longest hours, and with the lowest pay.

                A lot of the calculation on the cost of reduced immigration get based on the resulting increase in costs to construction and farming. It is quite insane how much of the economy is based on exploiting people.

          • By kcplate 2026-02-1014:221 reply

            In the US it’s easier. Certain states will issue you a drivers license even with a questionable immigration status. Once you get that, maintaining it is easy for long periods of time….basically obey the traffic laws and don’t drink and drive take an eye test and written test every 5-7 years and you are golden and keep it.

            With a DL check cashing is a snap and it looked like this guy was a building sub-contractor which can and often operate in cash. Cash secured credit cards give you access to plastic. Healthcare doesn’t require an ID and hospitals are compelled by law to treat you if you are in a life threatening situation. Urgent care clinics will gladly accept cash to fix your sniffles.

            I think the biggest issue that allows it is just inconsistent enforcement of our immigration laws from administration to administration and the general bureaucratic reset that happens every 4 to 8 years.

            • By tpm 2026-02-1016:042 reply

              Thank you, this is a valuable perspective. So essentially every person that lives this way doesn't pay income tax (and/or possibly other taxes) and the states, and most of the time the federal government too, just don't care?

              • By kcplate 2026-02-1017:25

                If you are getting paid in cash you are only paying income tax if you actually set out to do so. Operating fully in cash is getting harder and harder as we progress to a more cashless society, but right now, still do-able.

                The government always cares when it is not getting its share, but enforcement is probably more by accident rather than intention. If you are living modestly and are not calling out any sort of government paper trail to yourself (avoiding government services, police interactions), you are probably not going to attract any investigation.

                These sweeps that we are seeing change that a bit. Easier to get ensnared.

              • By insane_dreamer 2026-02-1022:101 reply

                you can still file taxes regardless of your immigration status if you can get an SSN. It used to be easy to do that using your DL. So you have people who have been in the country for many years and have an SSN, pay taxes, etc., but technically are still "undocumented"

                • By tpm 2026-02-117:03

                  Oh wow, I didn't know that.

        • By insane_dreamer 2026-02-106:211 reply

          yeah, probably so. but what should matter is whether you're in compliance _now_. But if we do really want to arrest people who were at some point out of compliance in terms of their visa status, let's start with Elon and Melania, and we can talk about going through everyone's else's history and deporting them if they broke the immigration rules.

          • By kcplate 2026-02-1014:49

            Sometimes the details betray the narrative. I believe even more strongly that this guy created his own mess after reading the ruling.

            https://www.universalhub.com/files/attachments/2026/culleton...

            There are quite a few missing but important details not in the news story. Apparently he complicated matters and put himself into a no win legal situation by choosing against applying for asylum. The “forged” signatures turned out to be a close match to checks that were provided to the court that he admitted to signing. He also admitted to the court that his memory was hazy around that time. There was also no need for immigration officials to forge his name on those documents because if he refused to sign the notice document it had the same legal result as if he did. SOP would be for an immigration official to simply indicate “refusal to sign” on the document.

            Unfortunately our laws don’t always protect us from ourselves.

    • By empath75 2026-02-0918:561 reply

      People should know the legal context of this, which is that the Fifth Circuit is out of step with every other circuit in the country on this.

  • By gamesbrainiac 2026-02-0919:101 reply

    We have seen many stories like this. Some doubt the authenticity, but what is evident is that these things are happening again and again with impunity. Perhaps you don't think the situation is bad enough, or the details are exaggerated.

    However, the fact that a man can be pulled of the street despite having legal status should be alarming. You don't need to care about the Irishman, but you should care about justice.

    • By balozi 2026-02-0919:276 reply

      [flagged]

      • By mktk1001 2026-02-103:43

        I I don't remember anyone harassing people on the streets based on their skin color, and shooting American citizens for exercising their rights.

      • By clipsy 2026-02-0919:58

        I must have missed the episode where Babu spent months in a concentration camp despite having his paperwork in order and doing nothing wrong.

      • By gamesbrainiac 2026-02-0920:28

        I'm afraid I don't since I was too young back then, and never really watched Sienfeld, but man oh man, that sounds terrible.

        Perhaps we've been living a lie this whole thing.

      • By sjs382 2026-02-0922:36

        > The reality is the federal gov has been aggressive in its enforcement for decades. ICE took a break during the Obama and Biden years for some reason.

        ICE was created in 2002 (24 years ago). "The Obama and Biden years" make up a full half of ICE's existence.

      • By JohnFen 2026-02-0920:28

        > ICE took a break during the Obama and Biden years for some reason.

        This is simply not true.

      • By insane_dreamer 2026-02-100:441 reply

        > he reality is the federal gov has been aggressive in its enforcement for decades.

        Sure there has been enforcement, but nothing that comes even close to what we're seeing today (except for Trump 1.0 when CBP were separating parents and children and putting them in cages; today we have that plus a whole lot more including murdering citizen observers). ICE should never have been created (more of the fallout of the Americans surrendering so much of their civil liberties while panicked about 9/11), but at least it was a regular accountable law enforcement org and not a paramilitary terrorizing American cities (which technically makes it a domestic terrorism org).

        • By dragonwriter 2026-02-100:48

          > ICE should never have been created (more of the fallout of the Americans surrendering so much of their civil liberties while panicked about 9/11)

          ICE was created by stripping some non-enforcement functions out of INS (those became functions of Citizenship and Immigration Services), all of the lack of civil liberties that was found in ICE when it got that name and was put under DHS were already present when it was INS.

          The idea that the name change was the point of origin of the problem is a story created in the last couple years by peopel who never paid attention to immigration policy before Trump's first term looking for a convenient excuse that is both systemic (rather than tied to a particular recent administration) and old enough to provide an excuse to make it unnecessary to discuss why certain problems persisted during the Biden Administration between the two Trump terms, but also recent enough to support a narrative that despite being systemic, it is a fairly new systemic change and reverting returns to a known good state that is recent enough that it is not out of touch with modern needs.

          The problem is that, if you've paid any attention to immigration policy prior to Trump's first term (especially if it was both before and after the creation of ICE), its pretty hard to either consider the creation of ICE a significant sea change or the prior state a known good state.

          The real sea change in the style of enforcement was Trump 1, and it was only partially unwound under Biden as a political decision that preserving a tough border image would avoid an electoral cost by appealing to swing voters with whom Trump's demagoguery on immigration had resonance but who were skeptical of some of his other policies, not because of some inherent structural change created when INS was reorganized into ICE that made ICE inherently and uniquely and incurably bad. But though the sea change was later than the "ICE is only 23 years old, and we can just go back" narrative suggests, the state before the sea change, much further back than the creation of ICE, also wasn't great.

          Note that I support disbanding ICE and radically restructuring immigration enforcement alongside restructuring the immigration laws; but not because ICE was only created in 2003 and we had something workable before that, but because the system was broken well before 2003, and only avoided becoming a total shitshow up until Trump 1 because of how prior Administrations used (and in some cases exceeded) the broad discretion given them within the system to prevent that, not because the system was well-designed, well-structured, or resilient. And even then, it worked pretty badly, but in ways that the people not intended to be subject to it could (and did!) mostly ignore.

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