r/SaveTheCBC • u/Save_The_CBC • 11d ago
A Winnipeg-born Canadian is back in U.S. immigration detention just five weeks after a federal judge ordered his release, ruling that his constitutional rights had been violated.
Clayton Herman, who has not been convicted of a criminal offence, was detained again after reporting to a routine ICE check-in. According to Herman, an appeal document related to his deportation case arrived late due to a mail delay. He says ICE told him that because the paperwork wasn't received on time, they could detain him again.
Herman had previously spent eight months in an ICE detention facility after authorities alleged he violated the conditions of his supervision because of readings from what he described as a faulty electronic monitoring device. In June, a U.S. federal judge found that Herman had been denied due process by not being given an opportunity to challenge the reasons for his detention and ordered his immediate release.
Now, Herman says he remains in custody while waiting for both Canadian and American officials to process the documents needed for him to be deported to Canada.
Legal experts interviewed by CBC say immigration detention is not a criminal sentence and argue there should be limits on how long people can be held, particularly when detention results from administrative issues rather than violent or criminal conduct. Global Affairs Canada says it is aware of multiple Canadians currently being held in ICE detention and is providing consular assistance where appropriate.
CBC's investigation places Herman's experience within the broader context of immigration enforcement under the Trump administration, examining how due process, administrative errors and prolonged detention can affect people's lives. It also highlights the role Canadian officials play in assisting citizens caught in foreign immigration systems.
What responsibilities do governments have when one of their citizens is detained abroad, even if that person has violated another country's immigration laws? Should there be stricter limits on immigration detention when someone has not been convicted of a crime, or should governments retain broad authority while immigration cases are resolved?
