Korean PhD student detained in California despite green card, lawyer says
Last Monday, NAKASEC said it received a call to their immigration hotline from a family member of Tae Heung "Will" Kim, stating that he had been taken into Customs and Border Protection (CBP) custody at San Francisco International Airport.
Kim has been a green card holder since 2011 and has lived in the U.S. for 35 years, since the age of 5 when his family emigrated from South Korea, according to his lawyers. His mother is a U.S. citizen, and he is currently pursuing his PhD at Texas A&M, with an emphasis on creating a vaccine for Lyme Disease.
Kim, according to his lawyers, had departed the country for two weeks to attend the wedding of his brother in South Korea.
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His case was taken on pro bono by immigration attorney Eric Lee, who said he faced difficulties in reaching his client to speak to him, as well as getting answers from the federal government.
Lee told ABC News he was finally able to talk to a supervisor at the SFO CBP facility on Saturday, in what he described as a "hostile conversation."
Lee said the official told him it was "not true" that Kim had the right to speak to a lawyer and that was "his policy." Lee said he asked the official if the constitution applied to his client, and he replied, "No."
A lawyer for Kim said they were not told the reason for Lee's detention. In a statement, CBP pointed to a past drug charge. His lawyer told ABC News that the statement was the first time they learned the pretext for his detention.
According to Lee, Kim was charged with possession of a small amount of marijuana in 2011, but he had fulfilled community service. His lawyer was unclear on Kim's immigration status at the time of the crime.
MORE: Father of 3 Marines who was forcibly detained by immigration agents at landscaping job speaks out
"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 ERO. This alien is in ICE custody pending removal proceedings," a CBP spokesperson told ABC News.
Describing the conditions of his client's detention, Lee said that his client was held without any access to sunlight, had to sleep in a chair, and was held in a room where the lights were constantly on. The NAKASEC spokesperson said that Kim was given water and "airport concessions" to eat.
His lawyer alleges that messages sent to Kim's phone by family members were responded to by CBP staff. His lawyer also expressed concern about Kim's asthma and said he was unsure if he had access to his medication.
Kim's lawyer Lee pointed out that CBP guidelines are that detainees should not be held in airport facilities for more than 72 hours, and said, "Will spent double that."
Kim's lawyer was told Tuesday morning by a congressional staff member that he had been relocated to an ICE detention facility in South Texas, which they told ABC News they have not been able to confirm with DHS.
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