Cape Town – A pregnant South African woman has reportedly been detained by US Immigration and Customs Enforcement (ICE) agents at an airport in Las Vegas, Nevada, after authorities alleged that she had overstayed her visa.
Nqobile Malangeni was reportedly detained after ICE agents approached her and informed her that they were in possession of a final order of removal against her because she had remained in the United States beyond her authorised period of stay.
Footage of the arrest has since been shared by US media broadcasters, showing Malangeni surrounded by ICE agents as they explained the reason for her detention.
According to 8 News Now, Malangeni’s fiancé said she had travelled to Las Vegas on Monday, 27 July, to celebrate her birthday.
“I’m afraid that I won’t ever get to meet my child if they send her back,” her fiancé said.
Malangeni is currently being held at the Henderson Detention Center in Nevada.
Her fiancé, who asked not to be identified because of concerns for his safety, said the couple had been making plans for their future and were preparing to raise their child together.
@capitol_black_channel #ICE detained Nqbile Malengni at Harry Reid International Airport a #SouthAfrican woman who overstayed her VISA then popped back in the #UnitedStates pregnant. Birth tourism in affect. #America #FYP ♬ original sound – @Capitol_Black_Channel
He said Malangeni was one month pregnant and that they had planned to marry after she returned to Connecticut.
“I feel like there should be justice and another chance for us to be able to keep our family together, and especially, to be able to live normally just like everyone else that’s here.”
The man said he believed Malangeni’s case deserved greater understanding, arguing that not every immigrant who violates immigration rules is attempting to circumvent the US system.
“I feel that this case there should be some kind of understanding and justice because not all immigrants are trying to beat the system.”
He also appealed for consideration based on his own connection to the United States, saying he had served in the US Army after enlisting in 2013.
The couple had reportedly been preparing to start their family when Malangeni’s detention disrupted their plans.
“Things happened and this was totally unexpected,” he said.
What does US law say about overstaying a visa?
Under US immigration law, a person who remains in the country beyond the period authorised by immigration authorities can accrue what is known as unlawful presence.
According to the US Citizenship and Immigration Services (USCIS), a person who has accrued more than 180 days but less than one year of unlawful presence can, after leaving the United States, face a three-year bar on being admitted to the country.
Those who accrue one year or more of unlawful presence can generally face a 10-year bar after leaving the United States. There are exceptions and possible waivers in certain circumstances, meaning the consequences can depend on an individual’s specific immigration history and circumstances.
An overstay can also have consequences for a person’s immigration status and future applications. USCIS notes that immigration violations can affect eligibility for certain immigration benefits.
In cases where a person is subject to a final order of removal, ICE can enforce that order. ICE describes removal as the process through which individuals who are unlawfully present in the United States can be removed from the country.
However, the exact legal consequences of an alleged overstay depend on factors including the person’s immigration status, the length of the overstay, whether a removal order has been issued and whether any exceptions or legal relief apply.
In Malangeni’s case, ICE agents said they had a final order of removal, while her fiancé is appealing for an opportunity for the couple to remain together as they prepare to welcome their child.
The case comes amid heightened attention around immigration enforcement in the United States, with the detention and removal of migrants continuing to attract widespread public debate.
For Malangeni’s fiancé, however, the matter is deeply personal as he hopes for an outcome that will allow the couple to remain together and raise their child as a family.
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Compiled by Glaan Sibuyi
