Key Takeaways
- Everlee Wihongi, a New Zealand citizen who has lived in the United States for decades, was detained by ICE at LAX after returning from a three‑week holiday in New Zealand in early April.
- Her lawyer, Marc Christopher, says a postponed immigration‑detention hearing – caused by a failure of the detention centre’s internet and telephone systems – means she will remain in custody for at least another week.
- Christopher argues that Wihongi’s original guilty plea to a decade‑old marijuana‑possession felony was based on erroneous legal advice; if the conviction is vacated, the US would lose its legal basis for detention and she could be released soon.
- New Zealand’s Minister of Foreign Affairs, Winston Peters, says the government has provided maximal consular support but cannot fund legal advice or go beyond standard assistance, noting that individuals who choose to live abroad accept that country’s legal system.
- Conditions in the detention facility are described as substandard: a crowded dormitory, poor food, limited recreation, and restricted communication, contributing to Wihongi’s fluctuating emotional state.
- Both Christopher and Wihongi’s sister‑in‑law criticise the detention centre’s logistical shortcomings, arguing they reflect a broader “warehousing” of detainees that hampers access to counsel, medical care, and fair hearings.
Background of the Detention
Everlee Wihongi was apprehended by U.S. Immigration and Customs Enforcement (ICE) at Los Angeles International Airport (LAX) while attempting to re‑enter the United States on her Permanent Resident Card after a three‑week vacation in New Zealand. Although she holds New Zealand citizenship, she has resided in the U.S. for several decades, building a life, career, and family ties there. Her detention followed a routine customs inspection that flagged an older criminal record, prompting ICE to place her in immigration detention pending a hearing on her status.
The Postponed Hearing and Technical Failures
A scheduled immigration‑detention hearing intended to allow Wihongi to testify via Zoom was postponed to the following week after the detention facility reported a complete loss of internet and telephone connectivity just five minutes before the proceeding began. Lawyer Marc Christopher noted that, despite prior assurances that the centre would provide Zoom capability, the facility could not even place a simple telephone call. The judge was accommodating, offering to let Wihongi call a basic number, but the centre’s inability to do so left her unable to appear, forcing her to remain in custody.
Lawyer’s Perspective on the Communication Breakdown
Christopher expressed disbelief that a major detention centre could lack both internet and telephone service, stating, “A simple telephone call. You’re telling me that she could not make a telephone call out of a major detention centre? It almost defies what is believable.” He added that he had been able to speak with Wihongi via Zoom on Thursday and that she could place outgoing calls to her mother’s phone using an inmate line, yet the court could not use that same line for the hearing. The inconsistency heightened frustration and raised questions about the facility’s operational reliability.
Legal Basis for Challenging the Detention
Christopher’s primary legal argument centers on Wihongi’s decade‑old conviction for marijuana possession, a felony to which she pleaded guilty based on advice from an attorney who later was disbarred for lying to clients, forging documents, and falsifying court orders. Under U.S. constitutional principles, if a conviction was obtained through incorrect legal counsel, it may be vacated. Vacating the conviction would remove the legal ground ICE cites for her detention, potentially leading to her release “relatively soon after” the court’s decision.
Engagement with Prosecutorial Authorities
Christopher reported ongoing discussions with District Attorney Eric Toney, aiming to supply additional documentation and evidence that could support a motion to vacate Wihongi’s conviction. He said both sides are exploring possible common ground to reach a resolution ahead of the rescheduled hearing, emphasizing that “all is not lost” and that a negotiated outcome remains possible.
Conditions Inside the Detention Facility
According to Christopher, the current facility housing Wihongi is an improvement over prior locations but still presents harsh realities. She is held in a large dormitory shared with 30‑40 detainees, receives meals described as “a piece of bread and two pieces of lunch meat with milk or a coffee,” and has very limited opportunities for outdoor exercise or recreation. These conditions contribute to a physically and mentally taxing existence while she awaits resolution of her case.
Emotional Impact on Wihongi and Her Family
Wihongi’s emotional state has oscillated between guarded optimism and deep disappointment, particularly after learning of the hearing’s postponement. Christopher noted that speaking with her after the failed hearing left him feeling her sadness and frustration, knowing she would likely remain detained for at least another couple of weeks. Her sister‑in‑law, Courtney Wihongi, described the family as “deflated” by the delay, emphasizing how vital her testimony via Zoom was for the judge and prosecutors to assess her credibility and personal circumstances.
Government Response from New Zealand
At a press event in Auckland, Foreign Minister Winston Peters defended New Zealand’s level of involvement, stating that the government had provided maximal consular support but could not fund legal representation or go beyond standard assistance. Peters argued that individuals who elect to live abroad accept the legal and social framework of their host country, and that the state’s responsibility does not extend to covering private legal expenses unless a person faces imminent death. A Ministry of Foreign Affairs and Trade spokesperson reiterated that support includes facilitating access to counsel, advising family, and liaising with detention facilities when needed.
Broader Critique of the Immigration Detention System
Christopher used Wihongi’s case to illustrate what he sees as systemic flaws in the U.S. immigration detention apparatus. He contended that the rush to incarcerate large numbers of people without adequate logistical planning results in deficient feeding, medical care, attorney access, and basic communication capabilities—exemplified by the inability to make a simple telephone call. He described the situation as a “massive warehousing of people” funded by American taxpayers, calling it inhumane and counterproductive to the goals of fair and efficient immigration adjudication.
Appeal for Discretion and Family Visitation
Looking forward, Christopher hopes the New Zealand government will leverage its diplomatic channels to request that ICE exercise discretion to permit family members and legal counsel to visit Wihongi in person. He believes that such allowances could alleviate some of the psychological strain caused by prolonged isolation and improve her ability to participate meaningfully in her defence. The family remains hopeful that a combination of legal advocacy, consular engagement, and systemic reform will eventually secure her release.