DHS Confirms Final Deportation Order for Irish National Seamus Culleton Amidst Due Process Dispute
The Department of Homeland Security (DHS) has confirmed that Seamus Culleton, an Irish national whose detention has sparked international outcry, is subject to a final deportation order issued by a federal judge. Tricia McLaughlin, Assistant Secretary for Public Affairs at the DHS, stated that Culleton received “full due process” following his arrest by Immigration and Customs Enforcement (ICE) agents.
According to DHS records, Culleton was apprehended on September 9, 2025, in Massachusetts. Officials state that Culleton entered the United States in 2009 under the Visa Waiver Program, which permits a stay of up to 90 days, but failed to depart within the authorized timeframe. McLaughlin clarified that an immigration judge issued the final order of removal on September 10, 2025, just one day after his arrest. The DHS maintains that Culleton was offered immediate repatriation to Ireland but “chose to stay in ICE custody” to contest his removal.
Objections and Legal Challenges
The case has drawn significant criticism from immigration advocates and Culleton’s legal team, who argue that his detention is unjust given his ties to the community. Culleton, a plasterer who has lived in the U.S. for nearly 20 years, is married to a U.S. citizen, Tiffany Smyth, and operates a local business. His attorney, Ogor Winnie Okoye, contends that Culleton held a valid work permit and had a pending marriage-based green card application at the time of his arrest.
Culleton remains detained at the Camp East Montana facility in El Paso, Texas. In interviews with Irish media, he has described the conditions as inhumane, alleging lack of fresh air, poor sanitation, and overcrowding. Furthermore, Culleton has disputed the DHS narrative regarding his deportation paperwork, alleging that signatures on documents agreeing to his removal were not his and demanding a handwriting analysis. His family asserts that he has been a “model immigrant” who is being penalized despite following legal channels to regularize his status.
Background on Visa Waiver Constraints
The legal complexity of Culleton’s case stems from the strict terms of the Visa Waiver Program (VWP). Under U.S. immigration law, individuals entering via the VWP waive their right to contest removal actions, except on the basis of asylum. On January 23, 2026, U.S. District Judge Kathleen Cardone ruled against Culleton’s petition for release, noting that his entry under the VWP limited his legal recourse to challenge the deportation order, regardless of his pending green card application.
While the DHS asserts that Culleton’s prolonged detention is a result of his own legal maneuvers, his supporters argue that the system has trapped a man with a viable path to legal residency in a “nightmare” scenario of indefinite incarceration. The case continues to be a flashpoint in ongoing debates regarding immigration enforcement protocols and the treatment of long-term residents with pending status applications.
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