Korean PhD Student Held in California Despite Green Card, Lawyer Claims

Background of the Case

A South Korean green card holder, Tae Heung "Will" Kim, has recently been placed in government custody by immigration authorities. This incident was reported by a spokesperson for the National Korean American Education and Service Consortium (NAKASEC) to ABC News. Kim, who has lived in the United States since the age of five, is currently pursuing his PhD at Texas A&M University, focusing on the development of a vaccine for Lyme Disease.

Kim has held a green card since 2011 and has resided in the U.S. for 35 years. His mother is a U.S. citizen, and he had traveled to South Korea for two weeks to attend his brother’s wedding when he was detained. The NAKASEC received a call from a family member informing them of Kim’s detention at San Francisco International Airport.

Legal Challenges and Detention Conditions

The case was taken on pro bono by immigration attorney Eric Lee, who faced significant challenges in communicating with Kim and obtaining information from federal authorities. Lee described a tense conversation with a supervisor at the SFO CBP facility, where he was told that Kim did not have the right to speak to a lawyer. When Lee asked if the Constitution applied to his client, the official reportedly responded, “No.”

According to Lee, the reason for Kim’s detention was unclear until his lawyer learned of a past drug charge. The CBP cited this as the pretext for his detention. However, Kim’s legal team noted that he was charged with possession of a small amount of marijuana in 2011 but completed community service. The specifics of his immigration status at the time of the offense remain uncertain.

Legal Procedures and Government Response

CBP explained that if a green card holder is convicted of a drug offense, they are issued a Notice to Appear, and CBP coordinates detention space with ICE ERO. Kim is now in ICE custody pending removal proceedings. Lee emphasized that CBP guidelines state detainees should not be held in airport facilities for more than 72 hours, yet Kim spent double that time in custody.

Detention conditions were described as harsh. Kim was held without access to sunlight, slept in a chair, and was kept in a room with constant lighting. While he was provided with water and airport concessions, concerns about his asthma and medication access were raised. Additionally, messages sent to Kim’s phone by family members were allegedly responded to by CBP staff.

Ongoing Concerns and Next Steps

Lee also expressed concern over the lack of transparency regarding Kim’s current location. On Tuesday morning, a congressional staff member informed him that Kim had been moved to an ICE detention facility in South Texas. However, this information has not been confirmed by the Department of Homeland Security (DHS).

The situation highlights broader issues surrounding immigration enforcement and the rights of green card holders. As the legal process continues, advocates and supporters are calling for clarity and fair treatment for Kim. The case has sparked discussions about the application of constitutional rights in immigration detentions and the need for accountability within the system.