British tourist detained by US authorities for 10 days over visa issue

If she is on a "four-month backpacking trip around North America" and tried to return to the US, she has exceeded the 90-day limit allowed by the Visa Waiver Program (which counts days both in the US and "adjacent territories") and is now an illegal overstayer. The unpaid labor stuff and getting refused entry to Canada is icing on the cake.

For the record, I'm no fan of ICE/CBP, but it looks like they're just enforcing the law here.

Enforcing the law is one thing. If they refused entry or forced her to fly back immediately, nobody would care much. Detaining is all of: cruel, expensive, unnecessary.

Forcing her to fly back immediately (and detaining until the flight if not immediate) seems reasonable, but both countries at a land crossing can't refuse entry. The article states she was refused entry to Canada, and then detained when she returned to the US; I don't know if there are international norms here, but I think in this situation if both countries would refuse entry, one of them has to accept entry and consider immigration detention; and it doesn't seem unfair for that to be the country where the person in question was before the first crossing?

Sure, they could consider detention. But then there are daily flights back to the UK. Anything beyond an overnight stay (if necessary for the wait) is unfair.

I'm not convinced it's the Americans responsibility to get her back to a suitable international airport as quickly as possible and put her in the next flight out. 10 days does seem excessive, but I don't see why she should be a priority either. I would imagine up to 5 working days fits within the realm of 'reasonable'.

A full work week in jail for something that isn’t even a crime is ridiculous.

If she was staying in Portland with a family doing chores (aka work) in exchange for housing (aka compensation) then I’m pretty sure that’s illegal.

Add to this the 4mo trip on a 90 day tourist visa and I would expect nothing less than detention since they can’t exactly turn her around since CA already turned her away

“Illegal” and “a crime” are not synonymous. Immigration violations are mostly civil infractions, similar to jaywalking and low-level speeding offenses.

Among other things, this means that you don’t get a public defender if you can’t afford a lawyer for your immigration case.

And? She violated the terms of her visa. That's illegal. She was detained at the border because of this.

I agree that 10 days in lockup feel excessive for this, but I honestly, as someone who has traveled and crossed many borders, I have a hard time finding sympathy. I wouldn't expect to be treated well at many, many border crossings if I was found to have broken the law while I was in country.

It sure would be nice if the USG scolded her and told her to get back to court in 14 days for her immigration trial, but that's a laughable misread of the current government's position on immigration. And Trump has been ringing that bell loudly for a decade now. Immigrants arriving on a tourist visa and simply staying forever is the most common form of illegal immigration and this is exactly how I would expect the Trump administration to treat someone in her position.