A Santa Cruz woman who is a permanent resident is currently in legal limbo.
Cliona Ward, 54, was recently detained by U.S. Customs and Border Protection, citing her criminal record from almost 20 years ago that was dismissed.
Ward was born in Ireland and has lived in Santa Cruz for more than 30 years. She ran into trouble when she came back to the U.S. at the end of March.
“I’m livid,” said Orla Holladay, Cliona’s sister. "And the way they’re treating her is worse than a criminal. She had no contact with family members. She was basically eating ramen and Goldfish for three days.”
Ward was detained because of her prior criminal record, which stretches from 2003 to 2008, with misdemeanors and felonies totaling six cases involving possession of drugs and theft. But then Customs let her go so she could get documentation to prove her records had been expunged in California.
Ward, who her family said struggled with addiction, did so and went to plead her case at SFO Customs Monday. She was detained again by Customs and told she would have to argue her case in front of an immigration judge.
Ward's family hasn’t spoken to her since.
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“She has a son who is an American citizen, who she is currently a caretaker for because he’s chronically ill,” Holladay said. “I feel like I’m in the twilight zone. She’s not a criminal. She has a criminal past, which she was atoned for.”
A spokesperson for U.S. Customs and Border Protection said they can't comment on individual cases.
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“When a legal permanent resident with multiple convictions including felonies is presented for federal inspection, Customs and Border Protection officers follow strict protocols to ensure the traveler is compliance," a U.S. Customs and Border Protection spokesperson said.
A source told NBC Bay Area Tuesday night that Ward was still under federal custody at SFO, adding it’s because Ward's expungements happened on a state level and not federal.
But Ward's family pointed to her recent travels, and they believe she was detained due to the Trump administration's policies.
The source rejected it’s because of the Trump administration’s immigration policies. But legal experts said it’s clear.
“Prior drug convictions are particularly problematic, even though they’ve been decriminalized under state law. They are very serious under federal law," said legal analyst Steven Clark. "So, for people who have prior drug or theft convictions, you could be in the crosshairs of the Trump administration's deportation policies."
Clark said that lawyers and district attorneys offices are inundated with people trying to clear their records completely. He added anyone who might find themselves in a situation like this needs to seek counsel now.
Ward on Thursday was transferred to an ICE detention center in Seattle and is expected to appear in court for a hearing on May 7.
Rep. Jimmy Panetta issued the following statement: "It’s unimaginable that a reportedly expunged, 20-year-old incident could be used as justification for deporting a legal permanent resident who is a productive member of our community. But this is the cruel and unreasonable state of this Administration’s deportation policy. As a former gang prosecutor, I understand and appreciate the need to remove hardened criminals from our communities, but the detention of Cliona Ward—now in her 50s and a Green Card holder—for decades-old crimes that have reportedly been expunged from her personal record is unfathomable and unacceptable. I am continuing to press U.S. Customs and Border Protection for the release of Ms. Ward and am working closely with her advocates to coordinate our efforts, ensure transparency, and uphold the law and due process that must be afforded to everyone in the United States."
