A woman from Wales has been held at a secure US border facility for 11 days following a “misunderstanding” with her visa. Becky Burke, 28, has been held by US Immigration and Customs Enforcement (ICE) officials in Washington State after she attempted to cross the border into Canada.
It is alleged that her receipt of free accommodation in the States in exchange for helping around the house contributed as working illegally, in violation of her visa. Her father Paul Burke has urged travellers to ensure they understand their visas to ensure that they do not fall foul in a similar way. He told the BBC: “They keep saying in all their booklets that this is not a prison. It’s hard to distinguish from my conception of a prison.”
Ms Burke arrived in the country on 7 January and travelled to various cities staying with host families in exchange for doing household chores.
At the end of February, she left Seattle and attempted to cross the Canadian border en route to Vancouver but was “interrogated” and subsequently denied entry over concerns that she might work illegally once in the country.
Despite claiming that no money changed hands, she was deemed to have worked and had “violated” her visa.
She is now being held at an immigration detention centre in Tacoma, Washington which she describes as “maxed out”.
She said: “They wake us up at 6:30am. There is never enough time to sleep. It’s so cold.
“I wear the same jumper for a week. They’re short or out of stuff, like blankets and extra clothes. I have one towel.
“I came to the US for the first time two years ago… I had a great time, that’s why I wanted to come back again. I love nature and hiking. Now I see no nature in here at all.”
According to immigration experts, once Ms Burke had told of the details of her accommodation arrangements in the US, her detention was likely unavoidable.
Melissa Chavin, a US immigration lawyer based in London, told the BBC that Ms Burke could be released either through voluntary departure or expedited removal, however the process could take longer than usual after approximately 700 immigration judges resigned or were fired by the Trump administration since his election victory.
The family have admitted that they do not know how to get the case to secure a voluntary departure in front of a judge.
The family have reached out to the UK Foreign, Commonwealth and Development Office (FCDO) who confirmed that they were assisting a British national.
Monmouthshire MP Catherine Fookes has brought the matter up with Foreign Secretary David Lammy.
She said: “I am deeply concerned about my constituent’s welfare and the distress this situation is causing her and her family.”
Ms Burke had organised some of her trip through Workaway, which matches hosts with travellers.
A spokesperson for the company said it was “very sad” to hear about the case but that it was the responsibility of the traveller and host family to ensure that they were acting within the confines of the law.
They added: “Unfortunately if these warning are not followed and someone attempts to enter the United States without the correct permissions or visas in place then the US border control are within their rights to refuse entry.”