The Department of Homeland Security claimed that the Tim Hortons in Buffalo where federal agents left Nurul Amin Shah Alam, a 56-year-old Burmese refugee who was blind and spoke no English, was “determined to be a warm, safe location near his last known address.”
In video footage released by IP, Shah Alam could be seen walking past the drive-thru window, then pacing by the locked front doors, before he eventually wandered across the parking lot toward a Dollar Tree. The Border Patrol agents drove away after one minute.
Shah Alam was arrested more than a year ago when he was out for a walk and got lost. The refugee was using a curtain rod as a walking stick that police alleged he was “swinging in a menacing manner.” He was tased, beaten and arrested. He later pleaded guilty to trespassing and misdemeanor possession of a weapon.
But Shah Alam’s lawyer was not contacted, and neither was his family. It was Border Patrol who requested custody of Shah Alam after his release, according to Christopher Horvatits, a spokesperson for the Erie County Sheriff’s Office. While Shah Alam’s family waited for a call to pick him up, the Holding Center called Border Patrol instead.
“I feel like in a situation like this, we wouldn’t necessarily be here if [Border Patrol] had just exercised a little bit of humanity,” said Siana McLean, Shah Alam’s immigration attorney.
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