The family of a Canadian man detained by Immigration and Customs Enforcement is pushing for his release from a Texas detention centre.

Curtis Wright, 39, was born in Edmonton, but has lived in the United States for almost 30 years, where his parents, fiancée and three children also reside.

Wright is a permanent resident, working in the oil and gas industry. 

Wright was returning to the U.S. after a business trip to Mexico in November when he was pulled aside for a second screening, his brother, Adam Scorgie, told Edmonton AM Wednesday.

Wright later texted his fiancée that he was being detained and sent to an ICE facility in Pearsall, Texas. 

Since then, Wright has been moved to six other facilities and his case has been delayed three times, his brother said.

Scorgie said that while Wright is handling the detainment well, conditions in the facility are “horrendous.” 

ICE cites past criminal charges, lawyer says

Wright has three misdemeanors on his criminal record: possession of a controlled substance, gun possession, and impaired driving. These charges allowed ICE to begin both removal and deportation proceedings, according to Wright’s lawyer Matt Mendez. 

“Any sort of accumulation of misdemeanors can lead a permanent resident to be put into deportation proceedings,” Mendez said.  

When ICE began the deportation proceedings, Wright was told the possession of a controlled substance charge was the reason behind his detainment — a charge laid against him more than 20 years ago, when he was in high school. Wright did community service for his sentence.

Mendez said that misdemeanor charges like those on Wright’s criminal record do not typically impact a person’s ability to renew their permanent residency status. In the time since the charge was initially laid against Wright, his permanent residency has been renewed and he’s crossed the border multiple times, as recently as last summer.  

When it came time for Wright to travel to Mexico, he didn’t think there would be any issues re-entering the U.S., Scorgie said. 

“These convictions are from a long time ago and he’s maintained his permanent residence since then,” Mendez said. 

Mendez said that recent changes to immigration policy are likely why Wright was detained in November. 

Under the current administration, changes to immigration policies have allowed for mass deportations. 

The U.S. Department of Homeland Security did not respond to CBC’s request for comment. 

Detainment continues

Wright’s detainment is taking a toll on his family, particularly his youngest daughter who is 18-months old, Scorgie said.

“His daughter was carrying around his photo the other day, saying ‘Papa’ trying to find him,” Scorgie said. “She doesn’t understand.” 

In the four months Wright has been detained, he’s missed several milestones, like his daughter learning to walk. 

Wright’s fianc ée, Kayla Thomsen, brought their daughter to see him in the detainment facility once, but won’t do so again. 

“It’s hard to watch her try to grab at him through the glass, and she doesn’t know why she can’t get her dad.” Thomsen told the Canadian Press. “It’s hard on her. It’s hard on me. It’s heartbreaking to see.”

Scorgie said that Wright wants to fight for his release, but will deport to Canada if that is the outcome of the proceedings — a country he hasn’t lived in since he was a teen. 

A deportation hearing is scheduled for March 6, but Scorgie said his family have launched a habeas corpus filing, claiming Wright’s detainment is unlawful under the U.S. Constitution.

Wright and his family are arguing that he should be released instead of being detained while his case moves through the courts.

“He’s not a flight risk [and] he’s got three U.S.-born children,” Scorgie said. “He should be able to fight it outside.” 

Scorgie said that Wright knows that he made mistakes, but has worked to fix them. 

“He doesn’t claim to be an angel, but he went through it,” Scorgie said. 

“You can beat an addiction, but you can never beat a conviction. Unfortunately, it haunts you forever.”