Korean Scientist With Green Card Detained for a Week and Denied Access to His Lawyer

A permanent U.S. resident has been held in detention for the last week without apparent explanation and without access to legal representation, The Washington Post reported on Tuesday.

According to the Post, 40-year-old Tae Heung "Will" Kim was detained by immigration officials at the San Francisco International Airport on July 21 after returning from attending his brother's wedding in Korea. In the week since his detention, he has still not been released despite being a green-card holder who has lived in the United States since the age of five.

Eric Lee, an attorney representing Kim, said he has been unable to contact his client and that Kim's only past brush with the law came back in 2011 when he was ordered to perform community service over a minor marijuana possession charge in Texas.

A spokesperson for U.S. Customs and Border Protection (CBP) seemed to suggest in a statement to the Post that this past instance of marijuana possession was enough justification to detain and deport Kim.

"If a green-card holder is convicted of a drug offense, violating their status, that person is issued a Notice to Appear and CBP coordinates detention space with ICE [Immigration and Customs Enforcement] ERO [Enforcement and Removal Operations]," they said. "This alien is in ICE custody pending removal proceedings."

Lee told the Post that he reached out to CBP to ask whether his client had protections under the Fifth and Sixth Amendments of the United States Constitution that guarantee rights such as the right to an attorney. In response, the CBP official simply told Lee, "No."

"If the Constitution doesn't apply to somebody who's lived in this country for 35 years and is a green-card holder—and only left the country for a two-week vacation—that means [the government] is basically arguing that the Constitution doesn't apply to anybody who's been in this country for less time than him," Lee said.

Lee added that it would be particularly uncommon for immigration officials to deport his client based solely on a 2011 marijuana possession charge given that Kim had successfully petitioned to seal the offense from his public record after fulfilling his community service requirements. Because of this, Lee said that Kim's case should easily clear the waiver process that allows officials to overlook past minor offenses that could otherwise be used to justify stripping people of their permanent legal resident status.

Prior to his detention, Kim was pursuing a PhD at Texas A&M University, where he was doing research to help develop a vaccine against Lyme disease.

Immigration enforcement officials under the second Trump administration have been particularly aggressive in trying to deport students who are legally in the United States.

Turkish-born Tufts University student Rümeysa Öztürk was detained for months earlier this year after she was apparently targeted for writing an editorial in her student newspaper critical of the school's refusal to divest from Israel. Russian-born Harvard University scientist Kseniia Petrova, meanwhile, is currently facing deportation after she was charged with allegedly smuggling frog embryos into the United States.