She did chores for a host family—then ended up in US immigration detention
A British tourist has returned home after being detained for weeks in the U.S.
Becky Burke, 28, was repatriated to the U.K. on March 18, according to U.S. Immigration and Customs Enforcement. “Burke was previously detained by ICE at the Northwest ICE Processing Center related to the violation of the terms and conditions of her admission,” an ICE spokesperson told USA TODAY in an emailed statement. “All aliens in violation of U.S. immigration law may be subject to arrest, detention and if found removable by final order, removal from the United States regardless of nationality.”
Burke was allegedly denied entry into Canada “due to an incorrect visa” on Feb. 26 and taken to a detention facility in Tacoma, Washington, after trying to re-enter the U.S., her father Paul Burke wrote in a Facebook post earlier this month. The traveler, who is from Monmouthshire in Wales, was backpacking through North America at the time.
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.
Can travelers work with a tourist visa?
Travelers in the U.S. on temporary visitor visas cannot accept work or employment in the country, according to Jayesh Rathod, a professor of law and Director of the Immigrant Justice Clinic at the American University Washington College of Law. That is defined as getting wages or “other remuneration” for work, he said, including non-monetary compensation.
That also applies to countries that participate in the Visa Waiver Program, which includes the U.K.
“The reason why the visitor visa category is so restricted in this way is because there are other temporary visa categories that are designed for individuals seeking employment,” he said in an email. “Those are structured in ways that generally protect the U.S. labor market. The basic idea is that if visitors for pleasure can engage in ‘work,’ they may be displacing a U.S. worker who might be given the same opportunity.”
However, Alberto Benítez, a professor of Clinical Law and Director of the Immigration Clinic at the George Washington University Law School, said in his view, the “household chores” Burke 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 immediately respond to requests for comment.
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 the event a foreign national is found inadmissible to the United States, CBP will provide the foreign national an opportunity to procure travel to his or her home country,” they said in an emailed statement. “If the foreign national is unable to do so, he or she will be turned over to the custody of Immigration and Customs Enforcement (ICE), Enforcement Removal Operations (ERO) for repatriation.”
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 can participate in approved exchanges with J-1 visas, Rathod said. “These sometimes involve work in exchange for other types of compensation,” he said. “For example, the au pair program is a J-1 exchange visitor program. Au pairs typically receive a weekly stipend, but room and board is also considered part of their compensation.”
J-1 visas can take anywhere between roughly six to 12 weeks to process.
Those looking for seasonal work could also get an H-2 visa, he added. And while travelers with a visitor visa “cannot engage in ‘employment,’” per Rathod, they can take part in voluntary service programs benefiting nonprofit charities or religious organizations.
A visa is not required of British citizens planning to be in the U.S. for fewer than 90 days.
What US travelers should know
Rathod encouraged U.S. travelers to familiarize themselves with what specific visa categories allow and noted that each country is different.
“Some countries do have specific work exchange visas that would permit visitors from the U.S. to participate in these types of arrangements,” he said. A crackdown in the U.S. could also prompt other countries to similarly scrutinize Americans.
“That is another reason for U.S. citizens to be careful and understand the terms and conditions of a given visa.”
Nathan Diller is a consumer travel reporter for USA TODAY based in Nashville. You can reach him at [email protected]
This article originally appeared on USA TODAY: US travel: Why one tourist’s visa mix-up led to weeks in detention