The attorney for Fabian Schmidt speaks outside the Wyatt Detention Center
"He’s a wonderful, wonderful man," said Attorney David Keller. "I can tell you, speaking with him, I’m quite taken by his charm, charisma, and beautiful, hopeful attitude."
Attorney David Keller, one of the lawyers representing Fabian Schmidt, a New Hampshire resident with a green card who was detained by immigration officers at Logan Airport and is being held at the Donald W. Wyatt detention facility in Central Falls, Rhode Island, spoke with reporters outside the private prison.
The exchange took place shortly before the end of a protest in support of Schmidt, organized by the Working Families Party and local community members.
Channel 12 Reporter: You spoke with him moments ago. How is he doing?
Attorney David Keller: Obviously, he’s very disturbed. This is a completely new environment. We’re talking about a federal prison, and he is not accustomed to any of this type of behavior or any situation of being held like this.
Channel 12 Reporter: Going back to the events, can you explain what happened at the airport? What does he say happened? I know that he was detained, and he claims that there was some torture.
David Keller: There was a long, unnecessary detention of Mr. Schmidt from Friday to Tuesday. This is clearly a disgrace, and I’m astonished at the behavior that he received. There were unnecessary interrogation tactics imposed, and without disclosing any of my personal conversations with my client, it broke him to the point where, medically speaking, he needed to be transported to the hospital.
Channel 12 Reporter: He has a green card, but they’re saying that they detained him because of a previous drug charge. Can you elaborate on that?
David Keller: I can’t elaborate on that because there haven’t been any official charges pressed against Mr. Schmidt regarding his status. He is a lawful permanent resident.
Channel 12 Reporter: Can you confirm that, I believe, there was a previous drug charge in California?
David Keller: All of his California matters were resolved. There may or may not be anything related to his detention. However, again, the first stage is that the Department of Homeland Security needs to give him a notice to appear, which would then allow me to file for and seek bond on his behalf.
Olivia Ebertz, The Public’s Radio: You said that he was in the hospital. How did they evaluate him? What came out of that?
David Keller: He had a severe fever, suffered influenza B, and had not been medically treated when complaining about his situation [with] his heart. He was asked not to "med out" and was treated poorly about his medical requests.
Olivia Ebertz: How long was he in the hospital?
David Keller: I believe one day. I’m still seeking those medical records.
Olivia Ebertz: What medication was he on, and is he back on it?
David Keller: I’m not going to disclose that, but he is feeling better, relatively speaking. Again, he’s held in a federal facility. He’s separated from his family and his loved ones. This is not something he’s accustomed to at all, and he’s very thankful for the support of everybody here and in his home state of New Hampshire.
Olivia Ebertz: Has he seen his family since?
David Keller: No, he has not. In fact, he had family waiting for him at the airport who were not able to speak with him, and he was calling the authorities because, essentially, he hadn’t shown up from the airport.
Steve Ahlquist: He’s being held without charge at this point.
David Keller: Since March 7th, he has not been notified of his notice to appear.
Steve Ahlquist: What does that say to you from a legal perspective? I mean, can somebody be held this long with no charges? Is this a thing?
David Keller: It shouldn’t be. It does happen, but it shouldn’t. There is a much faster process to figure out - imagine yourself being charged with a crime held and not even knowing what the crime is. That’s essentially his situation.
Steve Ahlquist: Very Kafka.
David Keller: Without the ability to post a bail.
Channel 12 Reporter: He has a green card, but he was still detained. Can you elaborate on that and his reaction to it?
David Keller: Unfortunately, this is a trend we’re seeing—people with lawful status being stopped at our borders and mistreated. What we’re doing about that needs to be vocalized and brought to our political leaders. He thanks you all for the support, and I recommend that if you’re unsatisfied with this type of behavior and process, you reach out to your local authorities and elected officials and seek help.
Channel 12 Reporter: What’s the next step to try and get him out and back with his family?
David Keller: Well, the first process would be this notice to appear, which has not been provided yet. And once that is available, then seeking a bond.
Olivia Ebertz: You said he can’t see his family. Who’s preventing him from seeing them?
David Keller: I should say he hasn’t yet. I believe the family could coordinate that with Wyatt.
Protester: What are the conditions inside?
David Keller: It’s a federal prison. It’s not enjoyable. He’s not being currently charged with anything, and he is housed with very, very serious convicted felons.
Steve Ahlquist: I was under the impression that there was a separate wing for people detained as undocumented people. Is that not the case here?
David Keller: I know he is being housed and commingling with [convicted felons].
Channel 12 Reporter: To confirm, he was back [in Germany] visiting family, correct?
David Keller: Yes. He’s a German national. He was home visiting his father and returning from a simple vacation. To be stopped at the border like this - in Boston, of all places - I think is very tragic.
He was stopped at our border on his return flight on March 7th, and it’s the 18th today. This Friday will be two weeks of detention without knowing what he’s being detained for.
Protester: Is Germany complaining?
David Keller: Yes. From what I’m gathering and from my understanding, there are statements [in Germany] addressing not traveling to the United States, which addresses what our nation is doing about this. How is this being perceived globally, and is this something we should tolerate?
Protester: Are green cardholders not traveling outside the country?
David Keller: There are a lot of people who are fearful - immigrants or otherwise - of this possible legal attention, who have green cards and are legal residents. There have been reports of Puerto Ricans, who are U.S. citizens, being detained, even for brief periods, before being verified what they are and what their legal status is.
Olivia Ebertz: Can you discuss Fabian’s life in New Hampshire? What does he do? What’s he like?
David Keller: He’s a wonderful, wonderful man. I can tell you, speaking with him, I’m quite taken by his charm, charisma, and beautiful, hopeful attitude. That’s horrible to crush in a situation like this - to see somebody struggling to stay positive. He’s an upbeat person, he loves his family, he contributes greatly to the community. I’ve received countless letters of support on his behalf, and I know he’s a staple in his community. It’s seriously a horrible, horrible thing that he’s being held here.
Channel 12 Reporter: You don’t know why they’re holding him. They’re not confirming why. And you can’t say that it’s because of these previous drug charges?
David Keller: If you don’t have pending allegations, you can’t know what you’re being held on. That’s just the bottom line. Nobody should be treated like that at the border. Whether they’re lawful or not, the interrogation tactics that were employed are atrocious and should not be utilized as a way to try to get information. We live in a world where everything is essentially documented and can be pulled up. To [cause] somebody to need to go to a hospital because of their physical condition? What does that say about us as a nation, and what are we to do about it? That’s a problem.
Protester: They wanted him to sign away his green card. Is that what they were asking him to do?
David Keller: Duress was used as a tactic. That’s something that struck me as quite concerning. We’ll get to the bottom of that.
Olivia Ebertz: Did he?
David Keller: No, he did not.
Thank you for this interview.
Steve, Who can we write to?
How can we make a difference?