Korean American PhD Student Moved to ICE Detention Center in Arizona
By Nicole Chang for American Community Media
Tae Heung Kim, a doctoral student who has lived legally in the US for over 35 years, has been held in ICE custody for almost 2 weeks. Customs and Border Protection has released no information about why the researcher has been detained for a prolonged period.
Tae Heung ‘Will’ Kim, a 40-year-old Korean American lawful permanent resident, has been confirmed to have been transferred to an Immigration and Customs Enforcement detention center in Arizona, after being held incommunicado for over a week at San Francisco International Airport during re-entry into the U.S.
According to the National Korean American Service & Education Consortium and Kim’s legal team, Kim was moved on July 29 to an ICE detention facility in Arizona. However, concerns are mounting over allegations that the transfer occurred without adherence to constitutionally guaranteed due process.
Due Process Abandoned
At a virtual press conference July 31, Kim’s attorneys Karl Krooth and Eric Lee stated: “While we can confirm that Mr. Kim was transferred, we received no prior notice, and we have not had direct contact with him since. As far as we know, he remains cut off from outside communication.”
Krooth criticized the process. “Under standard procedures, Mr. Kim should have undergone deferred inspection at his final destination in Houston. Arbitrarily detaining a lawful permanent resident who has lived in the U.S. for 35 years — and without clear explanation — is a serious legal violation that undermines the core principles of democracy.”
Kim was detained by U.S. Customs and Border Protection on July 21 upon his return from South Korea, where he had attended a family wedding. During secondary inspection at SFO, he was flagged for further scrutiny and subsequently held in a detention area at the airport. He remained in custody without access to legal counsel or contact with family members for over a week.
No Reason Given for Detention
His mother, Sharon Lee, shared at the press conference, “I learned of my eldest son’s detention from my younger son, and I immediately reached out to NAKASEC for help. I hope he will be released soon so that he can complete his PhD and return to his critical research on a Lyme disease vaccine.”
Kim is currently pursuing a doctoral degree in infectious diseases at Texas A&M University.
While CBP has yet to publicly disclose the reason for Kim’s detention, his legal team suspects that a 2011 misdemeanor charge for marijuana possession may have played a role. Kim had complied with court-ordered community service at the time.
Attorney Lee emphasized, “Mr. Kim has taken responsibility for his past and paid his dues. Like anyone else, he deserves the right to move forward with his life.”
‘Threat to the Right of All Immigrants’
NAKASEC stated that it is in communication with key lawmakers — including Rep. Nancy Pelosi (D-CA) and Rep. Michael McCaul (R-TX) — to advocate for Kim’s release, but noted that no significant progress has yet been made.
NAKASEC Co-Director Becky Belcore said, “This case is not just about one individual. It signals a broader threat to the rights of all immigrants in the U.S. It’s time for people to take action.”
Immigration experts warn that since the Trump administration ramped up immigration enforcement, there has been an increase in cases where lawful permanent residents with long-term overseas stays or prior criminal records are detained at airports. CBP is reportedly pressuring individuals to sign “voluntary departure” forms as a condition for release.
‘Constitution Free Zone’
At a May 2 press briefing hosted by American Community Media, immigration attorney Richard Herman explained: “The area within 100 miles of a U.S. border, including airports, is considered a ‘Constitution-Free Zone,’ where CBP can conduct searches and interrogations without a warrant. Even U.S. citizens cannot refuse to have their electronic devices searched at the border.”
Approximately 2/3 of American residents — more than 200 million people — live within the “Constitution Free Zone.” Legal scholars have argued that The 100-mile zone violates the 4th Amendment, which protects against unreasonable search and seizure. However, the Supreme Court has upheld CBP’s practice of conducting surveillance within the zone.
Krooth echoed this concern during the July 31 press conference, stating: “Prolonged detentions like Mr. Kim’s are often used as a coercive tactic to force individuals into abandoning their entry application.”
An online petition calling for Kim’s immediate release has gathered over 1,000 signatures.
