He obtained paperwork from his physician and contacted the Irish and US embassies and Department of Homeland Security (DHS) to seek an extension, but it was short notice and he did not hear back, he said.
“I did everything I could with the online tools available to notify the authorities that this was happening,” he said, explaining that by the time his deadline to leave the US had approached, he was nearly healed and planning to soon return. “I thought they would understand because I had the correct paperwork. It was just a couple of days for medical reasons.”
He might have avoided immigration consequences, if it weren’t for an ill-timed law enforcement encounter.
Thomas and his girlfriend, Malone, were visiting her family in Savannah, Georgia, when Thomas suffered a mental health episode, he and Malone recalled. The two had a conflict in their hotel room and someone overheard it and called the police, they said.
Malone, who requested to use her middle name to protect her boyfriend’s identity, said she was hoping officers would get him treatment and did not want to see him face criminal charges. But police took him to jail, accusing him of “falsely imprisoning” his girlfriend in the hotel room, a charge Malone said she did not support. He was soon released on bond, but instead of walking free, was picked up by US immigration authorities, who transported him 100 miles away to an Ice processing center in Folkston, Georgia.
The facility is operated by the private prison
company Geo Group on behalf of Ice, with
capacity to hold more than 1,000 people.
Thomas was given a two-page removal order, which said he had remained in the US three days past his authorization and contained no further allegations. On 17 December, he signed a form agreeing to be removed.
But despite signing the form he remained at Folkston, unable to get answers about why Ice wasn’t deporting him or how long he would remain in custody. David Cheng, an attorney who represented Thomas, said he requested that Ice release him with an agreement that he’d return to Ireland as planned, but Ice refused.
At one point at Folkston, after a fight broke out, officers placed detainees on lockdown for about five days, cutting them off from contacting their families, he said. Thomas said he and others only got approximately one hour of outdoor time each week.