They are two of tens of thousands of people currently detained by the agency; most reportedly do not have criminal convictions and are classified as being no threat to society.
Seattle-based immigration lawyer Minda Thorward is representing Shaw and told The Front Page she hopes a petition for their release is adjudicated within the next couple of weeks.
“If all things go exceptionally fast, I’d say it’d be taken care of within a few months. But, people are in rule proceedings for years and years. I don’t think that’s gonna happen here because there’s so much pressure from elected representatives and media pressure. But, it is something that does happen,” she said.
Thorward said the threat of detainment is real, including Kiwis who may be travelling in the US.
“I think the threat is much greater for people who are not white, unfortunately. That’s a very sad thing to say in 2025 in the United States, but that is a true statement. I think there’s gonna be a lot more draconian enforcement of people who are overstaying their B visas, even innocently.
“You do have a right to contact a lawyer, at your own expense... There are other rights as well; it’s possible to remain silent... If their immigration status is uncertain or they’re afraid, just say ‘I wanna speak to a lawyer’, and that’s it,” she said.
White House Deputy Chief of Staff Stephen Miller gave the agency a quota of 3000 arrests a day, up from 650 in the first five months of Trump’s second term.
“People are trying to meet their quotas, so they’re not just detaining criminals, they’re detaining anybody...
“I think what ends up happening is that when you have a quota-based system that’s focused on numbers instead of people, you end up dehumanising the people that are being detained.
“You don’t see that person as a person with a family and a job, and a community. You just see them as the 37th person that I rounded up today, or the 37th alien; they don’t even use the term person. They don’t see them as people,” she said.
Listen to the full episode to hear more about US immigration and whether it’s going too far.
The Front Page is a daily news podcast from the New Zealand Herald, available to listen to every weekday from 5am. The podcast is presented by Chelsea Daniels, an Auckland-based journalist with a background in world news and crime/justice reporting who joined NZME in 2016.
You can follow the podcast at iHeartRadio, Apple Podcasts, Spotify, or wherever you get your podcasts.