According to multiple media reports, a green card holder who is pursuing a doctoral degree was detained by the federal Immigration and Customs Enforcement (ICE) agency upon returning to San Francisco after attending his brother’s wedding in South Korea.
Tae Heung Kim, a Ph.D. student at Texas A&M University, traveled to South Korea two weeks ago to attend his brother’s wedding and was detained by immigration officials during a secondary inspection upon his return on July 21.
A spokesperson for the U.S. Customs and Border Protection (CBP) stated on Tuesday, July 29, that Kim was “detained by ICE pending removal proceedings.”
The reason for his detention is possibly related to a drug offense.
The CBP spokesperson also mentioned that green card holders convicted of drug crimes would receive a notice to appear in court, following which ICE would collaborate for detention.
Kim’s attorney stated that Kim was detained due to a marijuana possession charge from 14 years ago. The attorney mentioned that in 2011, Kim was arrested in Texas for minor marijuana possession, completed community service, and successfully applied for non-disclosure, sealing the offense from public records.
The attorney added that he believes this prior offense should not be detrimental to Kim and that he may be eligible for a waiver. Typically, individuals with past marijuana offenses involving quantities less than 30 grams may qualify for a waiver.
Catherine Seitz, Legal Director of the Immigration Institute of the Bay Area, pointed out that while marijuana possession is decriminalized in some states, convictions could still lead to deportation.
Tae Heung Kim, aged 40, has lived in the U.S. since the age of 5 and currently holds a green card. His mother, now 65, arrived in the U.S. with her husband on business visas in the 1980s and eventually became naturalized citizens. By the time his parents naturalized, Kim and his brother were past the age at which minor children automatically receive the benefits of their parents’ citizenship. Both brothers hold green cards and have spent most of their lives in the U.S.
Data compiled by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University’s Newhouse School of Public Communications showed that during the first five months of the Trump administration, CBP denied entry to 1,484 green card holders at various U.S. ports of entry and airports.
The outcomes for green card holders denied entry included immigration court notices, parole into the U.S., voluntary abandonment of green cards, and deportation.
(Reference: Reports from The Washington Post and The San Francisco Chronicle)