Comic Artist Becky Burke Is Home; Family Statement Released

Comic maker Becky Burke‘s story has gone around the world, highlighting just how the immigration and visa rules are being vigorously enforced by the USA in this new regime. Thankfully, she’s home now. But the family have released a statement detailing what happened and thanking all those who helped.

We’ve already covered the plight of British cartoonist R. E. Burke/Becky Burke here, not to mention a bit of speculation about what the new crackdown on immigration and visa rules might mean for comic folks travelling to the USA here.

Just to summarise, Becky was detained on 26th February at the US/Canadian border by ICE. She spent 19 days in an ICE detention centre before finally being flown back to the UK and home. She had been on a planned four-month backpacking trip across the USA and Canada and was denied entry into Canada due to an incorrect visa. On her return to the USA, she was refused entry and classed as an ‘illegal alien.’ She was then handcuffed and taken to a detention facility in Tacoma, Washington.

It would appear she fell afoul of something that’s been done by young travellers for so many years, arranging board and lodging with families in exchange for doing some chores. Now, strictly speaking, if you apply the rules incredibly strictly, this would mean she was obtaining goods and services for work, not allowed on an ESTA tourist visa. But, as I say, it’s been done for so many years, it just appears that the USA (and in this case, Canadian) border forces are applying the rules to the absolute letter, something which has already caught out a lot of people who’ve been either refused entry, deported, or detained by ICE (The UK Subs punk band being the latest — see this Guardian article). You can’t help but put two and two together and consider this part of the Trump regime agenda.

Thankfully, she’s home now, and her father, Paul, has put out a family statement and asked for it to be shared as widely as possible. Which we’re about to do.

Interestingly, one point Paul makes is that Becky’s ESTA visa was tourists only. This isn’t quite right, as I found out. You’re also allowed to travel for business on an ESTA visa. The definition of what business you can carry out is vague to say the least (The US Visa website uses the examples of ‘Attending business meetings or consultations, attending a business convention or conference, and negotiating contracts’).

Becky’s problem is that the border official classified what she was doing as work, not business. Traditionally, it’s been accepted, more by not bothering to apply the letter of the rules as strictly as it could be. She was accepted into the US on 7th January of this trip, and a previous trip in 2023. The family’s immigration lawyer, according to the statement, has said that they got their definition of work wrong. Personally, and I’m no lawyer, I’d say it’s a case of the border guard, who has absolute authority in this instance, read the rules as strictly as they could be. And such is the risk anyone entering the USA has to take. Is board and lodging in return for chores work? Is selling commissions or sketches work? Is appearing at a convention with hotel rooms paid for by the convention work? It’s the border officer who will decide.

Anyway, here’s the full statement from Paul, as posted on Facebook, and requested by the family to be as widely shared as possible.

STATEMENT ON BEHALF OF BECKY BURKE BY PAUL BURKE

Becky Burke is Home After ICE Detention Nightmare

After 19 harrowing days in ICE detention due to a visa mix-up, our daughter Becky has finally returned home to the UK. Instead of allowing her to take an immediate flight back, Homeland Security detained her in handcuffs at a Tacoma, WA facility under harsh conditions. The current immigration crackdown and systemic delays exacerbated her ordeal, worsened by a shortage of immigration judges. Becky’s nightmare ended on March 18th, and she is now beginning to recover.

The Light of Kindness and Compassion

Throughout this ordeal, we were overwhelmed by the incredible kindness of friends, strangers, experts, politicians, and the media. From visitors making long journeys to see Becky, to generous donations for necessities, we cannot express our gratitude enough. This experience has reaffirmed our faith in humanity—showing that even in the darkest times, compassion shines through.

A Word of Caution for Travellers

Becky’s story serves as a warning to anyone planning extended trips to the USA: always triple-check visa requirements and confirm them with the US Embassy. Print any documentation for added security.

Becky is also planning to produce a graphic novel highlighting her story and how it is not an isolated case. She wants to support her fellow detainees who are still locked up, a group of women who helped Becky get through this horrible experience, despite their own grim situation. When she feels able to she will start posting again on her instagram page @R.E.Burke

Frequently Asked Questions

Did she overstay the 90 day limit on the ESTA tourist visa?

No. She had only been in the USA for 50 days when she had planned to travel by bus to Canada, she was planning to spend 2 months in Canada and then fly home to the UK.

Did she break the rules of the ESTA?

The ESTA is for tourists only. For work or study a specific visa is required. Becky did a lot of research before she went and what she had planned was classed as tourism. This was accepted when she entered the US on 7th January. It was also accepted in 2023 when she spent two weeks in San Francisco, with a host family. On the 26th February, US border officers suddenly decided staying with host families and joining in with household chores was now classed as work. Our US Immigration Lawyer said they got their definition of work wrong.

Was she given a chance to return to the UK at her own cost?

No, this was not offered at the border despite this being the usual protocol for tourists. ICE had the chance to offer this at any stage during her detention, her parents even had a flight home booked for her at one point, in the hope they would let her take it, but they didn’t.

Does she have a criminal record?

No. She also has many people who testify to her good character and her gentle soul.

Was she allowed to let family know when she was being deported?

No. One of the other detainees had to call us to say she had left. Even the British Consulate were not told that she had boarded the flight. We were only certain when she arrived at Heathrow.

Was she treated with ‘dignity and respect’ as written in ICE policy?

No. She was handcuffed when she was transferred from the border to the facility. When inside the facility ICE did not communicate where she was in the process, all her possessions were confiscated, lights were on 24/7 and there were four head counts each day during which they were forced stay on their bunk for at least an hour. When she was eventually transferred to Seattle airport to fly home she was taken in leg and waist chains and handcuffs, and was escorted to the plane.

It will be fascinating to see how this one all plays out. Becky’s story may be over. I doubt it will be the last problem we’ll be talking about.

We will, however, be looking forward to seeing Becky’s planned graphic novel of the ordeal she went through. As will, I would imagine, a fair few publishers.