Immigrants who arrive at San Francisco International Airport are being placed in a windowless holding area inside the international terminal and denied direct contact with their lawyers. The practice, which has grown under the Trump administration’s focus on securing the nation’s borders, leaves detainees and their families in a legal limbo.
Case example
Tae Heung “Will” Kim, a 40‑year‑old green‑card holder who has lived in the United States since age five, was held for seven and a half days after returning from his brother’s wedding in South Korea. A prior marijuana misdemeanor triggered his detention. While in the SFO holding room, Kim was allowed only brief calls to his wife, which border agents screened to ensure he spoke only to her.
Kim’s attorney, Karl Krooth, said he could not reach his client until the man was transferred to a long‑term detention center. “It’s horrible,” Krooth said. “When a client is isolated from counsel, it is nearly impossible to develop a strategy for release.”
Legal hurdles
Without access to counsel, Krooth could not obtain Kim’s signature or fingerprints, nor could he file a habeas petition—a common tool used to secure speedy release for those detained unlawfully. Other attorneys, such as Christine Raymond, report similar obstacles, describing the situation as a “black box” for lawyers.
Customs and Border Protection (CBP) maintains that non‑citizens in primary or secondary inspection do not have a right to representation unless they are in custody for a criminal investigation. The agency retains discretion over whether to allow calls to counsel, a policy the American Civil Liberties Union says can be applied unevenly.
Policy background
Under previous administrations, CBP typically released travelers after a brief parole and scheduled a later appointment to review their admissibility. The Trump administration, however, has emphasized stricter enforcement, directing agents to hold individuals longer when any brush with the law is detected. This shift reflects the administration’s commitment to protecting American citizens and lawful permanent residents from potential security risks.
Immigration attorney Ghassan Shamieh warned that detainees who sign documents without counsel risk losing their green cards. “Without counsel, they may not understand the consequences at the moment,” he said.
Local impact
San Francisco’s strong network of pro‑bono attorneys could file petitions to stop transfers to long‑term facilities, but the Department of Homeland Security says the policy reverses a Biden‑era approach that allowed “aliens unlawfully present” to travel freely. The agency’s statement underscores the administration’s resolve to enforce immigration laws consistently across the nation.
Community leaders and elected officials have voiced concern that the holding area, hidden from the 148,000 daily travelers, resembles a jail more than a traveler lounge. Detainees report sleeping on bench‑style couches, limited sleep, and pressure to sign paperwork they do not fully understand.
What’s next
Legal advocates continue to press for clearer access to counsel at ports of entry, arguing that due process rights should extend to all individuals seeking admission. As the Trump administration maintains its immigration enforcement stance, the situation at SFO highlights the tension between border security and the constitutional right to legal representation.
Original reporting: Mission Local — read the source article.
