Rebecca Burke: British Graphic Artist
Background: Rebecca Burke, a 28-year-old from Portskewett, Monmouthshire, UK, was on a four-month backpacking trip across North America when her journey derailed on February 26, 2025. After being denied entry into Canada from Washington state due to her plan to perform domestic chores for a host family (deemed work requiring a visa beyond her tourist status), she was turned back to the U.S. There, ICE classified her as an “illegal alien” and detained her for 19 days at the Northwest ICE Processing Center in Tacoma, Washington, until her repatriation to the UK on March 18, 2025.
Harsh Conditions:
- Inadequate Food: Reports indicate Burke was given “cold rice” as a staple, with limited nutritional variety. She resorted to trading artwork—her sketches—for fruit with other detainees to supplement her diet, suggesting a lack of basic sustenance provided by the facility.
- Physical Restraints: Her father, Paul Burke, described her being led onto a deportation plane “in chains like Hannibal Lecter,” implying the use of shackles or restraints during transfer, a practice that heightens physical and emotional distress.
- Limited Comforts: X posts and family accounts note she endured cold conditions with minimal bedding or personal items, exacerbating the psychological toll of detention.
- Restricted Legal Access: Burke had little to no immediate access to legal representation, delaying her ability to challenge her detention. Her father’s public campaign on Facebook became her primary lifeline, indicating a lack of institutional support within the facility.
Constitutional Concerns:
- Fifth Amendment (Due Process): As a “person” on U.S. soil, Burke is entitled to due process under the Fifth Amendment. Her 19-day detention without formal charges or a prompt hearing raises questions about whether she was afforded timely legal recourse. The vague “visa violation” justification and slow processing could suggest a procedural lapse.
- Eighth Amendment (Cruel and Unusual Punishment): The substandard food, restraints, and cold conditions might be argued as disproportionately harsh for a non-criminal visa issue, potentially crossing into “cruel and unusual” territory. While not a convicted prisoner, precedents like Bell v. Wolfish (1979) extend some protections against punitive conditions to detainees.
Her case drew sympathy and outrage, with her father’s advocacy spotlighting these conditions until her release.
Fabian Schmidt: German Green Card Holder
Background: Fabian Schmidt, a German national with a U.S. green card, was detained at Boston’s Logan Airport in early March 2025 upon returning from Luxembourg. Accompanied by two other German tourists, Jessica Brösche and Lucas Sielaff, his detention sparked diplomatic inquiries from Germany about shifting U.S. immigration policies.
Harsh Conditions:
- Violent Interrogation: Schmidt endured what was described as a “violent interrogation,” involving aggressive questioning and physical intimidation by border officials.
- Stripping and Cold Shower: He was stripped of clothing and subjected to a cold shower, a humiliating and physically punishing experience that served no clear security purpose beyond coercion.
- Pressure to Relinquish Green Card: Authorities reportedly pressed him to surrender his legal permanent resident status, a psychological tactic that compounded the ordeal.
- Isolation: Details are sparse, but his detention alongside Brösche and Sielaff suggests limited communication or legal access, typical of ICE facilities.
Constitutional Concerns: As a green card holder, Schmidt has stronger constitutional protections than a tourist. The violent interrogation and coercive tactics could violate Fifth Amendment due process by denying him fair treatment, while the stripping and cold shower might breach Eighth Amendment standards. His status amplifies the severity of these potential violations compared to Burke’s case.
Jasmine Mooney: Canadian Actress and Entrepreneur
Background: Jasmine Mooney, a Canadian actress known for an American Pie sequel, was detained by ICE on March 3, 2025, at the San Ysidro border crossing while attempting to renew her Trade NAFTA (TN) work visa, revoked in November 2024. She spent nearly two weeks in custody before release.
Harsh Conditions:
- Physical Restraints: Her family reported she was “wrapped in chains” during detention and transfer to an Arizona facility, echoing Burke’s experience and suggesting excessive use of restraints for a visa-related matter.
- Inhumane Environment: Descriptions of “inhumane” conditions point to poor sanitation, inadequate food, and cramped quarters, consistent with reports from ICE facilities like Tacoma.
- Transfer Stress: The move from California to Arizona added logistical hardship, separating her from initial points of contact and complicating family support efforts.
- Limited Advocacy Access: Her mother, Alexis Eagles, publicized the ordeal, implying Mooney had little direct means to contest her detention internally.
Constitutional Concerns: Mooney’s treatment raises similar Fifth Amendment issues—detention without swift due process—and Eighth Amendment questions about punitive conditions. As a visa applicant rather than a permanent resident, her protections are narrower, but the chaining and facility conditions still invite scrutiny.
Badar Khan Suri: Indian Researcher
Background: Badar Khan Suri, an Indian researcher at Georgetown University, was detained in early 2025 after his visa was revoked. ICE accused him of “spreading propaganda and promoting antisemitism,” though his lawyer insists no evidence supports these claims.
Harsh Conditions:
- Prolonged Confinement: Specific conditions are less detailed, but his detention’s length without clear charges mirrors Burke’s extended stay, suggesting similar deprivations.
- Restricted Communication: As a researcher, Suri likely faced isolation from academic and legal resources, hindering his defense against the vague accusations.
- Psychological Strain: The serious, unsubstantiated allegations of antisemitism—potentially career-ending—added a mental burden beyond physical conditions, a form of punishment absent conviction.
- Facility Norms: Given ICE patterns, he likely endured cold, overcrowded cells and minimal sustenance, though specifics are unreported.
Constitutional Concerns: Suri’s case strongly implicates the Fifth Amendment, as his lawyer argues a lack of evidence denies him due process. The First Amendment (free speech) may also apply if his academic work was mischaracterized as propaganda, while harsh conditions could again test Eighth Amendment limits.
Common Themes and Harsh Conditions
Across these cases, U.S. authorities imposed:
- Physical Hardships: Cold food (Burke), cold showers (Schmidt), and chains (Burke, Mooney) reflect a punitive approach to non-criminal detainees.
- Psychological Distress: Violent interrogations (Schmidt), isolation (all), and coerced status changes (Schmidt) amplify the ordeal.
- Legal Barriers: Limited counsel access delayed resolutions, forcing reliance on external advocacy (Burke, Mooney, Suri).
- Facility Standards: Overcrowding, poor nutrition, and minimal comforts are consistent with criticisms of ICE centers like Tacoma and Arizona facilities.
Constitutional Context
Non-citizens on U.S. soil have rights under the Constitution, per cases like Zadvydas v. Davis (2001). The Fifth Amendment’s due process clause applies universally, yet prolonged detentions without hearings (19 days for Burke, nearly two weeks for Mooney) challenge this. The Eighth Amendment’s relevance hinges on whether conditions are punitive rather than administrative—chains and cold showers lean toward the former. Schmidt’s green card status and Suri’s free speech claim elevate their cases, but all highlight a tension between enforcement and rights.
These incidents, occurring in early 2025, align with reports of a Trump-era immigration crackdown, amplifying scrutiny of ICE’s methods.
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