Green Card Holder Detained by ICE for 5 Months

Key Finding

A Legal Catch-22

Despite being married to a U.S. citizen with a pending green card application, Culleton's 2009 visa waiver overstay strips his right to contest removal—even though immediate relatives of citizens are normally eligible to adjust status.

Who He Is

Seamus Culleton is an Irish national (aged 38-42) from County Kilkenny, Ireland. He entered the U.S. in 2009 under the Visa Waiver Program—a 90-day authorization—and overstayed. Over the next ~15 years, he built a life in the Boston area, running a plastering and construction business. He has no criminal record—not even a parking ticket.

His Legal Status at Time of Arrest

• Married to Tiffany Smyth, a U.S. citizen, in 2025
• Filed for a marriage-based green card in April 2025
• Held a valid work permit (Employment Authorization Document) issued as part of that pending application
• As a spouse of a U.S. citizen, he is classified as an "immediate relative"—a category that typically provides a pathway to adjust status even with previous visa violations

Where He Is Now: February 11, 2026

Culleton is still in detention at El Paso Camp East Montana, an ICE facility on Fort Bliss Army base in Texas. He has been detained for approximately 5 months since his arrest on September 9, 2025. He has not been deported and is not free. He remains in ICE custody while contesting his deportation case.

The Arrest: September 9, 2025

Culleton was arrested by ICE agents after a routine license plate check in a Home Depot parking lot in Saugus, Massachusetts. At the time, he had his Massachusetts driver's license and valid work permit on his person. Following his arrest, he was transferred from Massachusetts to Buffalo, NY, and then to El Paso, Texas. ICE issued a final order of removal on September 10—just one day after the arrest—though some documents show he was served with this order on November 14, 2025.

Bond Approved—Release Denied

In November 2025, a judge approved Culleton's release on a $4,000 bond, which his wife paid. However, ICE denied his release without clear explanation. Adding to the controversy, there is a dispute about whether Culleton signed voluntary deportation papers in Buffalo—he claims he refused and that ICE forged his signature, while ICE claims he signed them. A judge acknowledged irregularities in ICE's documentation but ruled in favor of ICE.

What the Law Says

According to USCIS regulations, people who entered under the Visa Waiver Program generally cannot adjust their immigration status.

However, there is a specific exception for immediate relatives of U.S. citizens—which includes spouses. As the husband of a U.S. citizen, Culleton would normally qualify for this exception.

The Judge's Ruling: January 23, 2026

Judge Kathleen Cardone ruled that visa waiver program participants waive their right to contest removal except on asylum grounds—even when a pending adjustment of status application exists.

This means that despite being married to a U.S. citizen and having a pending green card application, his visa waiver overstay takes precedence. His attorney calls this "inept" and "capricious."

Culleton's Account

• Held in a tent-like structure with 70-72 men in overcrowded conditions
• Inadequate food described as "child-sized portions"
• Filthy toilets and showers
• Fewer than 12 instances of outdoor time in 5 months
• No fresh air or sunlight; constant artificial lighting
• Significant weight loss, appears jaundiced, dramatic change in demeanor

He describes the conditions as "like a modern-day concentration camp" and "psychological torture," and says he fears the staff, claiming "people have been killed by the staff."

DHS Response

DHS Assistant Secretary Tricia McLaughlin called the allegations "FALSE" and said ICE facilities "meet or exceed standards of U.S. prisons."

Independent Corroboration

Multiple detainees report similar conditions. The ACLU issued a letter in December 2025 demanding the closure of El Paso Camp East Montana, citing "systemic abuses including beatings, sexual abuse, medical neglect, hunger, and denial of legal counsel." Three detainees have died at the facility since December, including one death ruled a homicide.

"He was living legally because he had a work permit"

Misleading. He had a valid Employment Authorization Document issued as part of his pending green card application, but a work permit does not confer legal immigration status. It allows him to work while the application is pending—it doesn't erase the underlying visa overstay from 2009.

"He chose to remain in detention and can leave anytime"

Misleading framing. DHS says Culleton was "offered immediate removal to Ireland" but "chose to remain in ICE custody." In reality, his options were: (1) accept deportation immediately, or (2) fight the case while detained. He chose to contest his deportation—which keeps him in detention. Calling this a "choice" obscures that he would have to abandon his legal rights to leave.

"ICE forged his signature on deportation documents"

Disputed and unresolved. Culleton claims he never signed voluntary deportation papers and says video evidence would prove this. ICE claims he did sign. A judge acknowledged irregularities in the documentation but still ruled in ICE's favor. Without access to the actual documents or video, this remains contested.

"He's had 20 years to fix his status—this is his fault"

Oversimplified. Once someone overstays a visa waiver, they have very limited options to adjust status. Prior to marrying a U.S. citizen, Culleton had almost no legal pathway available. Only after marrying in 2025 did he become eligible to apply as an immediate relative, which he did promptly in April 2025.

"This is only happening because of Trump's administration"

Partially true. Culleton's underlying visa violation existed for years, and his deportability under immigration law existed regardless of administration. What changed is enforcement discretion—the current administration has explicitly pursued "mass deportations," and previous administrations might not have detained someone in his situation (married to a U.S. citizen, pending green card, no criminal record).

• Ireland's Department of Foreign Affairs is providing consular assistance through the Austin consulate and Washington DC embassy
• Taoiseach (Prime Minister) Micheál Martin confirmed 5-6 Irish citizens are in similar detention situations
• Irish politicians are pressuring the government to raise Culleton's case with President Trump during the St. Patrick's Day White House visit in March 2026
• There was a 330% increase in Irish citizens seeking consular help related to deportation threats in 2025, reaching 65 cases

Bottom Line

Seamus Culleton remains in ICE detention in Texas as of February 11, 2026. He is caught in a legal contradiction: while married to a U.S. citizen with a pending green card application—which should provide a pathway to legal status—his 2009 visa waiver overstay under current court interpretation limits his ability to contest removal.

The conditions he describes are disputed by DHS but corroborated by other detainees and human rights groups. The case has become a diplomatic issue between Ireland and the United States, with pressure mounting on the Irish government to intervene at the highest levels ahead of the March St. Patrick's Day visit.