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August 13, 2025 • 15 mins

A New Zealand citizen and her son have been detained by ICE in the US.

Sarah Shaw and her six-year-old son were detained at the Canadian border after she drove her two eldest children to a Vancouver airport for a flight to New Zealand to visit their grandparents.

The pair are currently sitting in a detention facility in Texas.

They are two of tens of thousands of people who are currently being detained by the agency – most do not have criminal convictions and are classified as being no threat to society.

Today on The Front Page, American immigration lawyer Minda Thorward who is representing the Kiwi being detained and is with us to discuss the case and the wider issues around US immigration.

Follow The Front Page on iHeartRadio, Apple Podcasts, Spotify or wherever you get your podcasts.

You can read more about this and other stories in the New Zealand Herald, online at nzherald.co.nz, or tune in to news bulletins across the NZME network.

Host: Chelsea Daniels
Editor/Producer: Richard Martin
Producer: Jane Yee

See omnystudio.com/listener for privacy information.

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Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:05):
Kielder. I'm Chelsea Daniels and this is the Front Page,
a daily podcast presented by the New Zealand Herald. A
New Zealand citizen and her son have been detained by
Ice in the US. Sarah Show and her six year
old son were detained at the Canadian border after she

(00:27):
drove her two eldest children to a Vancouver airport for
a flight to New Zealand to visit their grandparents. The
pair are currently sitting in a detention facility in Texas.
They are two of tens of thousands of people who
are currently being detained by the agency. Most do not

(00:48):
have a criminal conviction and are classified as being no
threat to society. Today on the Front Page, American immigration
lawyer Minda Thorwood, who was representing the Kiwi being detec
is with us to discuss Sarah's case and the wider
issues around US immigration. Linda tell me about Sarah's case,

(01:12):
how did she and her young son end up in
a detention center in Texas?

Speaker 2 (01:17):
So she made an error like it was kind of
an administrative error. She has a pending petition and also
along with the petition, an application to adjust her status
to permanent residency here, and along with that application, she
has the right to work and also travel and return.
And so in that situation, a combo card is issued

(01:41):
that is used both as a work permit and as
a travel document. And when she renewed her travel document
back in March, she didn't choose to renew her work
permit because she had no travel plans at that time.
But when she got her receipt three months later in
June extending the card, mistakenly believe that it also extended

(02:02):
her travel document, and so she took her child to
her children to Canada so that they could fly direct
to New Zealand to see their grandparents, and then on
her way back in you know, she was detained. She
was not permitted to enter because she didn't have a
valid travel document.

Speaker 1 (02:20):
Yeah, I've read that some protocols weren't followed through, like
they weren't put into some kind of tracking system for
a couple of weeks. Can you explain what that is
to me?

Speaker 2 (02:30):
I think probably what you're referring to is the ICE
detaining locator system, And what's supposed to happen is that
when a person is detained by ICE, their information is
immediately uploaded to a system based on their alien registration
number so that their lawyers and their family can find
where they're detained and also you know, contact the facility

(02:52):
arranged for local council if needed, that kind of thing,
and they were not put into that system. And we've
been seeing that more and more. Actually a lot of
folks who are being detained or not put in the
system because it is you know, a system of accountability,
and I think that's something the administration is not looking
to do.

Speaker 3 (03:11):
Well.

Speaker 1 (03:11):
That sounds terrifying that she hasn't spoken to her family
or her children and they have literally no idea where
she is.

Speaker 2 (03:20):
I mean she called me right away, so you know,
I knew, you know, the day after she was detained
where she was. And she's also been in touch with
another friend so she can call out. But had she
not been able to do that, like, had she not
you know, money to put on a phone account, we
would not have been able to find her. So and yes,
it is very stressful and very terrifying.

Speaker 1 (03:42):
So what are the next steps now?

Speaker 2 (03:44):
So now we're we're waiting for USCIS to adjudicate her petition.
I've filed a Van Dama's complaint. There was an interview
today and we're just waiting to find out what happens,
and then from there it's kind of going to be
up to DHS in a lot of ways. So once
the petition is approved, she's eligible to adjust her status

(04:05):
to become a permanent resident. She's still eligible. That hasn't changed,
and so the question is whether she'd be doing that
before a judge an immigration court, or doing that affirmatively
before cis if her proceedings are terminated and her son,
you know, he has a travel document, so he's he can,
he's admissible. There's no reason that he should be in attention.

(04:27):
It's unlawful, and nor should he be in a rule
of proceedings because he was authorized to travel and come
back and has a valid pending adjustment application as well.

Speaker 1 (04:37):
And how long could all those take.

Speaker 2 (04:40):
It's I mean, I'm hoping the petition is adjudicated the
next couple of weeks. I really can't say. I really
don't know, and then beyond that, it's really uncertain she
could I mean hopefully. I mean, if all things go
exceptionally fast, i'd say it all taken care of within

(05:02):
a few months. But I mean people are in rural
proceedings for years and years. I don't think that's going
to happen here because of so much pressure from elected
representatives and so much media attention. But it is something
that does happen well.

Speaker 1 (05:15):
And the fact of the matter is not everyone has
the luxury, like you said, even to have money to
put on a phone card, to be able to call
the lawyer or the media. Attention or of her place
of work. I think has been really vocal as well.

Speaker 2 (05:29):
She's got a groundswell of support here for sure.

Speaker 1 (05:32):
And too here in New Zealand, we often hear about
these things. We hear about stories of tourists getting detained.
For example, we see videos of people being plucked off
of the street. Is there a real threat of this
happening to Kiwis who may be traveling in the US?

Speaker 2 (05:53):
Yeah, I mean I think there's a real threat to anyone, unfortunately, anyone.
I think the threat is much greater for people who
are not white, unfortunately. I think that's a very sad
thing to say in twenty twenty five in the United States,
but that is that is a true statement. But I mean,
I think there's going to be a lot more draconian

(06:15):
enforcement of just people who are overseeing their be visas,
even innocently, you know, just I'm you know, somebody's here
on vacation and having a good time, and maybe they're
young and they're not paying attention. Like there's just going
to be some really you know, just like I said,
d'arconian enforcement happening.

Speaker 4 (06:34):
Your Secretary of State says everyone who's here, citizens and
non citizens, deserve to process. Do you agree, mister, I
don't know.

Speaker 5 (06:41):
I'm not a lawyer.

Speaker 1 (06:43):
I don't know.

Speaker 4 (06:44):
Well, the Fifth Amendment, I don't know.

Speaker 5 (06:45):
It seems it might say that, But if you're talking
about that, then we'd have to have a million or
two million, or three million trials. We have thousands of
people that are some murderers and some drug dealers and
some of the worst people on earth, but some of
the worst, most dangerous people on earth. And I was
elected to get them the hell out of here, and
the courts are holding me from doing it.

Speaker 4 (07:08):
But even given those numbers that you're talking about, don't
you need to uphold the Constitution of the United States
as present?

Speaker 5 (07:15):
I don't know.

Speaker 1 (07:18):
What advice do you have for people who may get
picked up by an ICE officer, for example, what are
your rights?

Speaker 2 (07:27):
So you do have a right to contact a lawyer.
You do have a right to be represented by a
lawyer at your own expense. So it's not like a
criminal case where you would be provided representation by the government.
You have to pay for it yourself. But you do
have those rights, and I mean there are other rights

(07:49):
as well. You know, I would say if it's possible
to remain silent. People are really bullied into admitting things
to law enforcement when they actually should should say, like,
you know, I unless there are US citizen and they're
just trying to assert that right. You know, I have

(08:09):
a US citizen, don't attain me. Everyone else if there
are immigration status is uncertain or they don't they're afraid,
then just say I want to speak to earlier and
that's it.

Speaker 1 (08:19):
Do you think ICE has gone too far in its
enforcement of immigration laws in the US?

Speaker 5 (08:25):
Oh?

Speaker 2 (08:26):
Absolutely, it has absolutely gone too far. I mean, nobody
wants to live in a police state.

Speaker 1 (08:32):
You know.

Speaker 2 (08:32):
I mean that is what has been so wonderful about
the US. You know, we've been a beacon of democracy
for a long time, and that is unfortunately not in danger.
We are seeing an assault on democracy and solid the
rule of law, on ice officers detaining US citizens and
just you know, anyone who has brown skin or an accent.

(08:54):
I mean, they really are going too far.

Speaker 1 (09:04):
Correct me if I'm wrong. But Trump said that he
wanted to deport the worst of the worst, and presumably
that meant people with serious criminal convictions. But I read
a statistic just from last month showing that seventy two
percent of people detained have in fact no criminal convictions.

Speaker 2 (09:22):
I mean, I can't verify that statistic, but that sounds
right to me. I mean, Trump has been Trump has
said a lot of things, and much of it has
not been true. And you know, he's not just going
after criminals. He's going after everyday people who are just
hard working people who just don't happen to not have

(09:46):
the right documents. And that's it. That's the only thing
they've done is exist in the US without the right papers.
And it's really unfortunate and just really, I just I
find I'm horrified by it. Helt to be honest. I mean,
I practice immigration law for the first ROMP administration, and
this is just ten times worse, or maybe even a

(10:06):
thousand times worse.

Speaker 1 (10:07):
Yeah, I saw that the White House gave the agency
a quota of three thousand arrests a day, and that's
up from six hundred and fifty in the first five
months of Trump's second term. Arrests obviously have shot up,
But is there a fear that with a quota, I
guess comes that added pressure on agents therefore problematic enforcement.

Speaker 2 (10:32):
I mean, and that's exactly what's happening. People are trying
to meet their quotas, and so they're not just attaining
criminals like there the worst of the worst. They're detaining
anybody just so they can meet their quota. And I
think what ends up happening is that when you have
a quota based system that's focused on numbers instead of
on people, is that you end up dehumanizing the people
that are being detained. You don't see that person as

(10:54):
a person with a family and a job and a
community here. You see them as just, oh, the thirty
seventh percent that I rounded up today, we're a thirty
seventh alien, you know, like we don't even don't use
the term person. They don't see them as people. They
just see them as you know, interlopers. And that's just
not true. These people are all part of our communities

(11:16):
and they have rights that we should honor.

Speaker 6 (11:21):
You can see an agent using a large hammer to
break the back passenger window of their car. Mary Lou
said the agents were focused on her husband Wan, but
kept calling in Antonio. That's the name of another man
who lives in their building. Thinking this is a case
of mistaken identity, Wan called his attorney, who told them
to stay in the car until she got there. But
instead of waiting for their lawyer, the agent smashed the

(11:42):
car window, broke into the vehicle, and dragged the couple out.

Speaker 2 (11:45):
They had no reason to detain him.

Speaker 5 (11:47):
We've been following the rules of this country.

Speaker 4 (11:49):
We're doing things the right way.

Speaker 2 (11:51):
That's why we have a lawyer.

Speaker 3 (11:53):
Right, they're trying to do things the right way. We
have an assilent process in place. Well, it is not perfect.
I don't think a key step in it is dice
smashes your car with a hammer while screaming someone else's
name at you.

Speaker 1 (12:07):
As an immigration lawyer, I'm assuming that you're very, very busy,
so thank you for your time, but also, can you
tell me about a case that sticks out to you,
perhaps of something like this happening to someone.

Speaker 2 (12:21):
I mean, I stopped doing detained work around the pandemic
for the most part, just simply because I'm a single parent.
I just really didn't have the bandwidth for it anymore,
although I still do a lot of non deteen rule defense.
But you know, and the people that I was representing previously,
some of them did have some serious criminal issues, but

(12:44):
a lot of them also had just like mental health
issues or addiction issues that were kind of tangled up
in all of it. So it was a very complicated
area of immigration law. And I did represent somebody this
is not really a similar case, but you know, I
had somebody that I my very first rid of hebeas
corpus petition that I litergated. The person had been detained
for seven years and immigration attention and mostly because they

(13:07):
were mentally ill, they had some mental health issues, and
they were just found to be dangerous based on that,
even though it was you know, they weren't, and so
we ended up they're getting that and getting them released.
But I do see there is quite a bit of
unlawfuled attention that does happen.

Speaker 1 (13:28):
Of course, because New Zealand is so far away, we
do see some real horror stories on the news about
what's happening there in America. But also I was thinking
about this this morning, about those stories of communities rallying
behind their neighbors, so to speak. So their neighbor might
be an immigrant, and you've got communities saying, well, you're

(13:48):
not taking them unless you take me. So there's some
real stories of community spirit and some really nice glimpses
of hope.

Speaker 2 (13:57):
I suppose, I mean, I would venture that most of
the US. I mean, even the statistics show that most
of the US does not support Trump's immigration policies. We
do not want our neighbors to be scooped up and detained.
We don't want families ripped apart, we don't want kids
in cages. Like none of us actually want that. The
people that want that are a very small percentage of Americans.

(14:21):
And so it has been really heartening to see so
much resistance to these policies, to see these communities rallying
around their community members who are being targeted.

Speaker 1 (14:31):
In your eyes, what needs to happen tomorrow, if you
had a magic wand to a leading in the situation.

Speaker 2 (14:40):
So many things. But if we're talking about miss jall
I would just you know, want her release from detention
and her rule proceedings terminated and for her to continue
on the process that she was already you know, undertaking.
So that's that's what I would do if I had
a magic wand, And I would also just end the

(15:01):
enforcement policy of the Trump administration as well. Altogether.

Speaker 1 (15:05):
Thank you for joining us, minda.

Speaker 2 (15:07):
Welcome, thanks for having me.

Speaker 1 (15:11):
That's it for this episode of the Front Page. You
can read more about today's stories and extensive news coverage
at enzdherld dot co dot nz. The Front Page is
produced by Jane Ye and Richard Martin, who's also our editor.
I'm Chelsea Daniels. Subscribe to The Front Page on iHeartRadio

(15:32):
or wherever you get your podcasts, and tune in tomorrow
for another look behind the headlines.
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