[Thrymr]

You're making a lot of assumptions here that are not supported by the article. In any case, if his application is not valid, they can deny his green card application. Why throw him in a detention center for months instead of going through the process? Is he a flight risk? Where would he go?

[0xy]

I did not assume anything. He specifically mentions he was able to work because of an EAD associated with his I-485 Adjustment of Status application, which is the only possible pathway to green card after marriage to a USC.

There is no U.S. visa which allows 20 year stays with no work authorization. Doesn't exist. So he entered illegally.

>Why throw him in a detention center

Because he committed immigration fraud? Overstaying means you lied to CBP. Entering illegally is a crime, too.

[goatlover]

So is smoking weed according the US federal government. Whether there is an actual harm being caused that should result in detainment is another matter. I'd argue ripping people away from their lives is a greater harm (via deportation or imprisonment).

[0xy]

That's for the courts to decide, and in this case his Habeas Corpus petition was denied and he has a final order of removal signed by an immigration court judge, who is not a part of the administration.

His I-485 is ineligible, period. He entered under the VWP, which makes you ineligible for any adjustment of status. His case would have been denied, undoubtedly.

[tencentshill]

The letter of the law is not black and white. Think critically - why did they turn a relatively blind eye to this issue in all past administrations? Immigrants of any kind are a net benefit to the wealthy and powerful. No billionaire obeys the law to the letter either. It would be nice if we enforced the written law with this level of zeal upon the rich. Pay taxes in "creative" ways? Hire an illegal? Straight to jail, no bail, maximum fine.

[0xy]

The same Irish man left Ireland because he was facing drug charges. I guess now we know why he overstayed 20 years, he fled Irish police.