NZer held in US for 7 weeks before deportation

A New Zealand man was detained in the United States for seven weeks because of difficulties deporting him.

James Kirkwood, a 26-year-old aircraft engineer, was arrested by the US Immigration Enforcement Agency on May 17, along with eight British colleagues the British company they were working for - Merchant Aviation.

The British workers were deported immediately but Mr Kirkwood's case was complicated because there was no direct flight to New Zealand and he needed an escort to fly internally in the US under its security laws.

Green MP Keith Locke says it was unreasonable and heavy-handed to hold Mr Kirkwood so long, but Foreign Affairs Minister Phil Goff and New Zealand Ministry of Foreign Affairs and Trade (MFAT) spokeswoman Emma Reilly said normal procedures were followed.

Ms Reilly said under US security laws, Mr Kirkwood could be held for up to three months while the deportation process was finalised.

Mr Goff said he was satisfied with the United States' handling of Mr Kirkwood's case.

"This is mandatory detention under standard conditions," he told TV One's Close Up last night.

Mr Goff had been advised Mr Kirkwood had been transferred to Atlanta and was being permitted to fly home unescorted via Los Angeles.

Mr Locke said for it to take seven weeks to deport Mr Kirkwood was unacceptable and a breach of his human rights.

"It was just the employer that mucked up his visa and he's been sitting there for seven weeks. It's a very heavy-handed approach," he said.

Mr Locke said if the US had proper systems, Mr Kirkwood should not have been detained more than a day. "He's clearly not a threat. It's just part of this stupid over-reaction on a supposed security basis the Americans are into right now under George Bush."

He said it appeared human rights in the US did not matter and the New Zealand Government should protest at Mr Kirkwood's treatment.

Ms Reilly said the New Zealand embassy in Washington had been in frequent contact with Mr Kirkwood, his lawyer and the US authorities.

The ministry had no concerns with Mr Kirkwood's treatment and believed he was being treated no differently than anybody else in the same situation would be.

- NZPA