Canadians in ICE detention centres left in legal limbo as families try to secure release

Relatives of Canadians detained by ICE in the United States say they're furious and frustrated by the treatment of their loved ones and the battles they're having to fight for even the most basic information.

Global Affairs Canada said it's aware of roughly 55 Canadians in U.S. Immigration and Customs Enforcement custody, though it said that the numbers can fluctuate.

Cynthia Olivera — born in Mississauga, Ont., but living in Los Angeles — was arrested last month when she and her husband went to an immigration office to complete an interview for her U.S. citizenship application. Paula Callejas of Montreal was in the process of finalizing a work visa when she was arrested for a misdemeanor — and then transferred to an ICE facility.

Olivera and Callejas's families told CBC News the weeks since their arrests have been a nightmare, filled with phone calls to lawyers and ICE bureaucracy.

"We're completely concerned for her overall safety and health," a member of Callejas's immediate family told CBC News. CBC is not naming the family member over concerns they may have their own immigration issues while travelling to the U.S.

Olivera's husband, Frank Olvera, said what was meant to be a routine immigration interview ended up feeling more like a trap.

"We were flabbergasted," Olvera told CBC News. "No due process."

Olivera, 45, moved to the U.S. with her family when she was young, her husband said. The two met in the '90s, married (she kept her last name), had children together and have been living in L.A. since then.

"About two years ago, since the children are now older, we decided to hire a lawyer and start the immigration process the correct way," Olvera said.

But instead of completing the interview, Olivera was arrested by immigration officials over a decades-old border issue, her husband said.

"They lured us into our immigration appointment … took my wife, put her in handcuffs, swept her away," he said.

"They didn't even give us an opportunity at the interview. Nothing."

Olvera said that in 1999, Olivera had travelled to Canada to attend her mother's funeral and was initially denied re-entry because she was pregnant and told border agents she planned to have the child in the U.S.

Olivera is now being held by ICE at a detention centre in El Paso, Texas, Olvera said.

Earlier this year, U.S. President Donald Trump issued a raft of executive orders that aim to clamp down on illegal immigration and advance his goal of overseeing the largest deportation operation in American history.

Stephen Miller, White House deputy chief of staff and the main architect of Trump's immigration policies, has pushed ICE to aim for at least 3,000 arrests a day, up from about 650 a day during the first five months of Trump's second term.

Earlier this week, Trump and Secretary of Homeland Security Kristi Noem toured a new immigration detention facility in Florida that officials have dubbed "Alligator Alcatraz."

"We are going after murderers and rapists and traffickers and drug dealers and getting them off the streets and getting them out of this country," Noem said after the facility tour.

Callejas was in the process of finalizing a work visa when she was charged with a misdemeanor in Florida. Although she pleaded not guilty to the charge, she was handed over to ICE and has been held for more than three months.

The 45-year-old had been travelling to the U.S. in recent years with plans to expand her swimsuit business, according to her family.

When reached for comment, ICE confirmed that both Callejas and Olivera are in custody but offered few details.

Callejas's family said she has been transferred multiple times and last they heard she was in Arizona. But ICE told CBC News that it "seems" she is in El Paso.

"We feel completely stressed out because we have no idea if one day she's going to be there or somewhere else," Callejas's relative said.

Callejas's family is also now on the hook for her legal fees in both her criminal and immigration cases. They said they want her returned to Canada so she can deal with her misdemeanor charge.

At least one Canadian detained by ICE was eventually released. Jasmine Mooney from B.C. was arrested and held for nearly two weeks after trying to get a work visa renewed. She returned to Canada in mid-March.

Johnny Noviello, another Canadian citizen, died while in ICE custody last week. His death is under investigation.

Olvera said his wife agreed to be deported so that she can at least continue her citizenship application in Canada before returning to her family. But he said there doesn't seem to be any urgency on ICE's part.

"There is absolutely no reason why ICE cannot deport her. They're just taking their sweet old time and I don't know why," Olvera said.

"We're willing to pay the ticket, whatever it takes. I'm willing to pay for an ICE agent to escort her to Canada if that's what's needed. I'm willing to pay for the ICE agent trip back."

Like Callejas, Olivera has been transferred multiple times, her husband said. Both women's families raised concerns about the conditions of their detention.

"The food is not great. The conditions of the sleeping arrangements — she tried to give us a hint that pretty much they get crammed up. It's really inhumane," Callejas's family member said, noting that all the calls are recorded.

Olvera described a similar situation at the facility where his wife is being held.

"It's horrible. They're treated like animals. Sometimes they get hot food, sometimes they don't," he said.

Olvera — a third-generation American whose family immigrated from Mexico — said he typically votes Democrat but voted for Trump in November because he wanted a change. Now he appears to be questioning that decision.

"I'm ashamed to be an American right now. I turn on the TV and I see them running around.… they're just chasing brown people nowadays," he said.

On the day of his wife's arrest, Olvera said he and his lawyer weren't allowed to exit out the front of the building.

"They escorted us out the back of the building by the trash cans, the loading dock," he said. "They didn't want to go back through the lobby where we entered from, because they're trapping a bunch of people at these immigration appointments."

Unlike Olivera, Callejas may not want to return to the U.S. once her cases are resolved.

"It was her dream to live in Florida just because of the business and [her] passion," the family member said.

"After all of this, she's actually given up on that dream. She just wants to get out."