HOUSTON - Pouring rain couldn’t dampen a protest Monday outside an immigrant detention center in Houston.
The family of a man locked up last week says it happened despite him having an active student visa.
“Right now, of course, my family is still in shock,” said Shahla Shahnawaz. “We never expected this.”
Shahnawaz said she was with her 23-year-old brother, Faraz Hussein, when they returned from a quick trip to Mexico last Tuesday.
She said the Pakistan citizen was told exiting and re-entering the U.S. would re-trigger and extend his soon-to-expire student visa.
That was bad advice. Instead, border agents at Hobby Airport stopped Hussein, questioned him, and detained him.
“No matter what, do not leave without legal counsel at this time,” Shahnawaz said. “Cause they will find anything to stop you.”
FIEL Houston and other civil rights groups are now helping Hussein’s family.
“Faraz did have a valid visa until July 8,” said Cesar Espinosa with FIEL. “So very easily the office could have given the stamp to come forward.”
A Customs and Border Protection spokesperson told KHOU Hussein admitted to working in the U.S. without authorization and not currently being enrolled in school.
Here’s part of an official statement:
“It is important to note that simply having a visa does not guarantee entry to the United States. A CBP officer at the port of entry will conduct an inspection to determine if the individual is eligible for admission under U.S. immigration law.”
Hussein’s family and others hope he doesn’t have to wait months to learn what happens next.
“The only thing he’s going to go through is a credible fear interview,” Shahnawaz said. “If he makes it, there is a chance for him to get parole and come out.”
Here’s the full statement from CBP:
“U.S. Customs and Border Protection officers are thoroughly trained on admissibility factors and the Immigration and Nationality Act which broadly governs the admissibility and inadmissibility of travelers into the United States.
"All travelers arriving to the United States must possess valid travel documents. For foreign nationals, this includes a current passport and a valid visa for their intended purpose of travel.
"It is important to note that simply having a visa does not guarantee entry to the United States. A CBP officer at the port of entry will conduct an inspection to determine if the individual is eligible for admission under U.S. immigration law.
"The conditions for maintaining a valid F1 student status require that the visitor be enrolled in a degree-seeking program at a college or university.
"When Mohammad Sarfaraz Hussein arrived to William P. Hobby International Airport July 3, CBP performed an inspection and determined that Hussein did not meet the requirements for admission as an F-1 student.
"Additionally, during his CBP inspection, Hussein admitted to working in the US without authorization. CBP officers determined Hussein to be inadmissible to the United States.
"Under U.S. immigration law [Section 291 of the INA [8 USC 1361] applicants for admission bear the burden of proof to establish that they are clearly eligible to enter the United States. In order to demonstrate that they are admissible, the applicant must overcome ALL grounds of inadmissibility.
"Following his CBP inspection, Hussein was transferred to the custody of Immigration and Customs Enforcement.”
Here’s a statement from ICE:
“On July 3, 2018, Mohammad Sarfaraz Hussain, 23, a citizen of Pakistan, attempted to enter the U.S. after a flight from Mexico with a valid U.S. non-immigrant student visa. However, during his entry attempt, he confirmed under oath that he never attended school, and that he was illegally working in the United States — both are violations of the terms of his nonimmigrant visa. U.S. immigration authorities detained Hussain and placed him in expedited removal because he is inadmissible to the U.S. as an intended immigrant without possessing a valid immigrant visa. Hussain remains in ICE custody pending immigration proceedings.”