TACOMA — An Australian citizen who visited Port Townsend last week as part of a cross-country bicycle trip is facing deportation after staying in the country for two months after his visa waiver had expired.
David Fagan, 29, had arrived at the Sumas border crossing June 11 with his companion, Dawn Lumsden, when a border guard refused to allow him into the country because he could not show proof that he had the funds necessary to support himself in Canada, Lumsden said.
Lumsden said she offered to get the documents that would prove Fagan’s financial solvency from her mother’s home, which is close to the border, and return in about an hour.
The guard said that was not acceptable and told the couple to return to the United States portion of the border crossing.
At this point, the U.S. Customs and Border Protection personnel determined that Fagan had overstayed his visa waiver.
He was taken into custody and transported to the Northwest Detention Center in Tacoma, where he remains.
On Tuesday, Lumsden said she had talked to Fagan and that he told her he will be deported to Australia, but doesn’t know when.
“We don’t know what is happening right now,” she said.
“It’s a waiting game.
“It could take up to three weeks, but we cross our fingers it will be shorter,” she said.
This was confirmed by U.S. Immigration and Customs Enforcement spokeswoman Lorie Dankers, who said Fagan is “in custody and awaiting deportation to Australia.”
Dankers said Fagan had entered the United States under a visa waiver, which allows citizens of specific countries to stay for 90 days without a visa but forfeits their right to contest any deportation action should they overstay their visit.
Dankers said Fagan’s deportation is not a foregone conclusion, but she did not present a scenario in which he would not be deported.
“Every case is different,” she said.
“I won’t speculate as to what might happen.”
Dankers said Fagan’s status as a minor celebrity, through his appearance in newspaper articles, allowed ICE to provide specific information about the case.
Faith St. John, a communications adviser for the Canada Border Services Agency, would not provide specific information about the case or reasons why Fagan was denied entry into Canada.
Fagan and Lumsden entered the United States in January with the intention of bicycling across the country with their two dogs.
They pedaled about six hours each day and traveled through Florida, Alabama, Mississippi, Louisiana, Texas, New Mexico, Colorado, Utah, Idaho, Oregon and Washington state.
They planned to stay in Vancouver, B.C., with Lumsden’s mother for about a month before returning to the United Kingdom for a book tour.
As “Fin and Zoa,” they have written a series of children’s books.
“We knew that Fin’s visa was expired, but we were having so much fun traveling through the states,” Lumsden said.
“Even so, we thought it was no big deal and never thought he could be thrown in jail for this.”
Lumsden, who had a six-month visa, said the couple attempted to get Fagan the same arrangement but could never get an appointment to do so.
Lumsden, who is now in British Columbia with the two dogs, said she contacted Canadian authorities Monday and was told that those crossing the border are allowed in at the border guard’s discretion and that the guard “was not comfortable” with allowing Fagan into the country.
Lumsden obtained a list of requirements to be allowed into the country including a valid passport, being in good heath, having ties in Canada, having enough money to stay in Canada and “being able to satisfy an immigration officer that you will leave Canada at the end of your visit.”
“If we were let into Canada, this never would have been an issue, and Fin would be with me right now relaxing at my mom’s with the doggies,” Lumsden said.
If Fagan is deported, he could fly to the UK in time for the book tour, but the couple would forfeit the nonrefundable tickets they have already purchased, Lumsden said.
His deportation means he would not be able to enter the United States legally for 10 years, according to Dankers.
“I know it’s our own fault, so we can’t say ‘poor me,’” Lumsden said.
“Fin overstayed his tourist visa and is facing the consequences, but I think it is rather harsh.”
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or charlie.bermant@peninsuladailynews.com.
