TACOMA, Wash. — A British backpacker traveling from Washington to Canada is being held in the Northwest ICE Processing Center in Tacoma after she was arrested at the border for ‘violating the terms and conditions of her U.S. admission’, according to ICE.
28-year-old Becky Burke was put into handcuffs and taken into custody on February 26 while attempting to enter Canada, according to a post from Becky’s father.
According to a GoFundMe started for Becky, she was traveling to the U.S. from her home in Monmouthshire, a county in the southeast of Wales.
“What was meant to be a life-changing four-month backpacking trip across North America has turned into a nightmare,” said the post from Becky’s father, Paul Burke.
While speaking with the BBC, Becky said that she was being held in “horrendous conditions” after she was accused of violating her visa.
The BBC reported that Becky traveled to Seattle at the end of February after spending time in New York and then Oregon with a host family, where she helped with household chores in exchange for accommodation. She had planned to travel to Vancouver, Canada to stay with another host family and do the same.
When she reached the border, Becky said the Canadian authorities denied her entry as they were concerned she may try to work illegally. She described to the BBC how she then spent six hours at the border, waiting while officials were “trying to determine if what I had been doing in America counted as work” before she was taken into custody.
According to U.S. Customs and Border Protection, individuals who travel to the U.S. under the Visa Waiver Program are not allowed to work for any type of compensation — including work in exchange for room and board, though it is unclear if Becky entered the U.S. via this specific program.
KIRO 7 spoke with an immigration attorney who wished to remain anonymous, who stated, “I assume she entered on the Visa Waiver Program (VWP). People who enter under this program do not have a right to see a judge or get out on bond. I believe what she is waiting for is removal to the U.K. Because ICE doesn’t remove there often, she will wait longer, probably approximately three weeks.”
Becky’s father, Paul, said they are now doing everything they can to get her home.
“Becky’s current conditions are deeply concerning. She is sharing a cell, surviving on a diet of cold rice, potatoes, and beans (she is vegan), and has limited access to phone calls. Visitors are restricted to speaking through a glass screen via telephone. All her possessions have been confiscated, and she feels isolated and desperate to come home,” stated Paul.
When asked about Becky’s detainment status, the U.S. Immigration and Customs Enforcement (ICE) issued the following statement:
‘Rebecca Burke, 28, a citizen of the United Kingdom is detained by ICE at the Northwest ICE Processing Center related to the violation of the terms and conditions of her admission. All aliens in violation of U.S. immigration law may be subject to arrest, detention and if found removable by final order, removal from the United States regardless of nationality.
ICE is in a unique position to enforce immigration laws of the United States in the nation’s interior with its broad investigatory authorities and law enforcement capabilities. As part of its routine operations, ICE arrests aliens who commit crimes and other individuals who have violated our nation’s immigration laws.
Further information related to detention standards can be found here: https://www.ice.gov/detain/detention-management’
While U.S. Customs and Border Protection (CBP) would not comment on Becky’s case specifically, they offered the following statement:
‘Privacy concerns prevent U.S. Customs and Border Protection (CBP) from discussing specific cases. All persons arriving at a port-of-entry to the United States are subject to inspection. As part of their critical national security mission, CBP officers determine admissibility of foreign nationals using U.S. immigration law [Section 291 of the INA [8 USC 1361] which lists more than 60 grounds of inadmissibility divided into several major categories, including health-related, prior criminal convictions, security reasons, public charge, labor certification, illegal entrants and immigration violations, documentation requirements, and miscellaneous grounds. CBP officers treat all travelers with integrity, respect, professionalism and according to law. Nationwide CBP processes more than a million travelers arriving to the United States via air, land, and sea every 24 hours. In the event a foreign national is found inadmissible to the United States, CBP will provide the foreign national an opportunity to procure travel to his or her home country. If the foreign national is unable to do so, he or she will be turned over to the custody of Immigration and Customs Enforcement (ICE), Enforcement Removal Operations (ERO) for repatriation.
Individuals who travel to the U.S. under the Visa Waiver Program are not allowed to work for any type of compensation. That includes work in exchange for room and board.’
When asked about any details regarding Becky’s case or why she was rejected from Canada, a representative for the Canada Border Services Agency referred us back to the U.S. authorities, adding that in Canada, an individual’s border and immigration information is considered private and protected by the Privacy Act and they could not confirm or deny the entry or possibility of entry of any one person to Canada.
However, they did share, “Immigration, Refugees and Citizenship Canada provides information on what is considered work online.”
On their website, the Immigration, Refugees and Citizenship Canada website lists:
‘Work is any activity that:
- you are paid to do, or
- you are not paid to do but is a job that: you would usually be paid for, or would be a valuable work experience for a Canadian citizen or permanent resident (for example, an unpaid intern).
Pay includes money or commission:
- an employer gives you,
- you receive for a service, or
- you receive for any other activity.
You usually need a work permit to work in Canada. Find out if you need a work permit.’
KIRO 7 also spoke with Madolline Gourley, an Australian who was detained for three hours in LA in 2022 for an improper visa. She said she was heading to Canada to cat/house sit through TrustedHousesitters, a website that connects foreign travelers with homeowners looking for pet or house-sitting services, alongside a cultural experience. There are many similar websites and online social media pages connecting people across the world.
Gourley believes the company should have been much more forthcoming about visa requirements for travelers, and has since spoken to several people detained in the U.S. and other places caught in similar visa mishaps.
“The messaging TrustedHousesitters has put out is, you know, this isn’t work. You’re there as a tourist and you’re just kind of trying to save money on accommodation caused by looking after someone’s pet. We don’t think it’s work. And I mean, that’s all good and well to say, but U.S. immigration sees it as work. And you do need a work permit,” explained Gourley.
“The U.S. told me that unpaid house and pet sitting match to work. And even though you’re not being paid, free accommodation or lodging constitutes payment, so a work visa is required. To begin with, I was angry at U.S. immigration. But at the end of the day, when you kind of take a step back and look at everything, they were just doing their job,” Gourley continued, “I was refused entry when Joe Biden was the president. So it’s not as if there’s suddenly an immigration crackdown on people using these kinds of websites too, I guess.”
When KIRO 7 reached out to TrustedHousesitters for comment, they told us:
‘Our advice is always to check the visa requirements before any international travel, and our Membership Services team is available 24/7 should any members require assistance ahead of, or during their trip.’
It has been almost two weeks since Becky’s father says she was first detained, adding in his statement online, “Our daughter has been caught up in the recent immigration crackdown in the U.S. — Becky is a kind, adventurous young woman who simply wants to return home to her family.”
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