Chores Led to Chains: Woman's Ordeal in U.S. Immigration Detention

A British tourist has returned home after being detained for weeks in the U.S.

Becky Burke, aged 28, was returned to the U.K. on March 18 as per U.S. Immigration and Customs Enforcement records. An ICE representative informed USA TODAY via email: "Ms. Burke had been held earlier at the Northwest ICE Processing Center due to breaches of the stipulated terms for her stay." The same representative added, "Any foreign nationals who violate U.S. immigration laws can face apprehension, confinement, and potential deportation following a formal ruling of removability irrespective of their country of origin."

Burke was allegedly denied entry On February 26, she entered Canada "because of an invalid visa," according to her father, Paul Burke, who mentioned this in a recent Facebook post. After attempting to return to the U.S., the traveler—who hails from Monmouthshire in Wales—was detained and transferred to a holding center in Tacoma, Washington. At the time, she was traveling across North America with just a backpack.

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Burke had stayed with a host family in Portland, Oregon, performing chores for lodging, and had plans to stay with another family in Vancouver, the BBC reported . Burke was told she violated her visa despite not being paid, she told the outlet. Here’s what to know about those rules.

Is it possible for travelers to work using a tourist visa?

According to Jayesh Rathod, who is a law professor and directs the Immigrant Justice Clinic at the American University Washington College of Law, individuals in the U.S. with temporary visitor visas are not permitted to engage in employment within the country. This prohibition includes receiving any form of payment or benefits in exchange for work, stated Rathod.

That also applies to countries that participate in the Visa Waiver Program , which includes the U.K.

The rationale behind restricting the visitor visa category in such a manner is due to the existence of other temporary visa classifications tailored specifically for those looking for employment," he explained via email. "These alternative visas are typically set up to safeguard the U.S. job market. Essentially, the concern is that if tourists engaging purely for leisure could also work, they might take opportunities away from American workers who deserve these chances.

However, Alberto Benítez, who teaches Clinical Law and directs the Immigration Clinic at the George Washington University Law School, stated in his opinion that the term "household chores" as used by Burke could be interpreted as reportedly did would not constitute work.

“I've had family and friends come visit. I don't charge them for their food. They use our washing machine,” Benítez said. “They say, ‘You know what I want to do? I want to mop the floor. I'd like to do a load of laundry for everyone or maybe fill up the refrigerator with food or do something.’ But that's not working.”

Becky and Paul Burke did not promptly reply to inquiries seeking their input.

A Customs and Border Protection (CBP) spokesperson said the agency could not comment on specific cases due to privacy concerns but noted that everyone arriving at a U.S. port of entry is “subject to inspection.”

In case a non-U.S. citizen is deemed ineligible for entry into the United States, CBP will offer this individual a chance to arrange transportation back to their native country," they stated via email. "Should the person fail to manage this relocation, they would then be handed over to ICE’s Enforced Removal Operations unit for deportation proceedings.

Are tourists typically detained for visa violations?

Rathod said detention for violating the terms of a visitor visa has historically not been common. However, the traveler typically must make arrangements to leave the U.S. if their visa is revoked.

“Generally, individuals who violate technical terms of visas but who do not have a criminal record or pose a national security/public safety risk have not been prioritized for immigration detention,” he said. “But ICE does have the authority to make the initial custody determination about deportable noncitizens, and they can opt to detain them instead of releasing them on bond or on their own recognizance.”

Once that happens, the process “can take some time.”

In his Facebook post , Paul Burke asserted his daughter has been “caught up” in President Donald Trump ’s broader crackdown on immigration .

What other kinds of visas can tourists get?

Travelers have the opportunity to engage in sanctioned exchanges through J-1 visas, according to Rathod. "Such programs may include working conditions where various forms of remuneration are provided," he explained. "The au pair program is an instance of this type of J-1 exchange visitor scheme. While au pairs usually get a weekly allowance, housing and meals are also regarded as components of their payment."

J-1 visas typically require from about six to 12 weeks for processing.

People seeking temporary jobs during seasons might qualify for an H-2 visa, he mentioned additionally. Furthermore, although visitors holding a tourist visa aren’t allowed to "take up employment," according to Rathod, they are permitted to participate in volunteer services that support non-profit charities or religious groups.

British citizens do not need a visa if they plan to stay in the U.S. for less than 90 days.

What American tourists ought to be aware of

Rathod urged American travelers to get acquainted with the specifics of various visa categories and highlighted that regulations can vary from one nation to another.

"Some nations offer particular work-exchange visas that allow citizens from the U.S. to engage in such programs," he stated. Tighter regulations in the U.S. might lead other countries to likewise examine American participants more closely.

That serves as an additional rationale for U.S. citizens to exercise caution and comprehend the terms and conditions associated with a particular visa.

Nathan Diller serves as a consumer travel reporter for USA TODAY and is stationed in Nashville. For inquiries, you may contact him via ndiller@NewsBlog.

This article originally appeared on USA TODAY: She did chores for a host family—then ended up in US immigration detention