Nearly three months after his arrest, Dakota Wheeler remains inside the Cascade County Detention Center as his immigration case moves into the federal appeals system.
Wheeler, a 26-year-old British citizen, has lived in Montana for more than a decade after arriving in the United States as a minor. He was detained by U.S. Immigration and Customs Enforcement in November.
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Federal authorities say Wheeler overstayed a visa issued when he entered the country. His family does not dispute the overstay, but argues he was too young at the time to knowingly waive his right to an immigration hearing.
That argument is now headed to the Ninth Circuit Court of Appeals after a federal judge ruled the case should be heard there.
His fiancée, Paige McAtee, says navigating the immigration system has been overwhelming and intentionally difficult.
“It’s hard for anyone to fully understand what’s going on,” McAtee said. “I think that’s why they do it the way they do, because it’s so complicated and there’s so many loopholes.”
Wheeler remains in Great Falls under a restraining order against ICE, which prevents the agency from transferring him out of the area while the legal fight continues. McAtee says the order was filed just days after his arrest to ensure he had access to legal counsel and the courts.
“If there wasn’t a restraining order, he would be all the way in Tacoma or wherever,” she said. “And then that makes it even harder because you don’t know where you are. You don’t know anyone close to you. And so how are you going to get legal representation if you don’t know anything.”
The restraining order also requires ICE to allow Wheeler access to an attorney and to the legal process, protections McAtee says would not have been guaranteed had he been transferred out of state.
“Without that restraining order, he would already be gone,” she said.
According to McAtee, Wheeler has no criminal record aside from a resolved traffic violation. He is not facing criminal charges and has not been convicted of any crime. Despite that, he remains incarcerated with no option for bail.
“He’s not even there for a criminal charge,” McAtee said. “He’s there because they’re trying to deport him. That’s it.”
She says the lack of a bail option has been one of the most difficult parts of the process.
“There’s no getting him out,” she said. “It’s just waiting.”
McAtee says people accused of violent crimes are often released on bail while Wheeler remains detained solely because of his immigration status.
“But just because he wasn’t born here, he can’t even have access to those basic things,” she said. “That’s insane to me.”
Complicating the case further, Wheeler’s attorney recently withdrew due to medical reasons, forcing the family to search for new legal representation as the appeal approaches.
McAtee says the legal system is difficult enough to navigate with a lawyer, and nearly impossible without one.
“We have no idea how any of this works,” she said. “And neither does he.”
She says the complexity of the system disproportionately impacts people who do not speak English.
“Dakota is lucky he speaks English,” she said. “Even for him, it’s hard. I don’t know how anyone who doesn’t speak English is supposed to understand this.”
McAtee is now 33 weeks pregnant, adding urgency and emotional strain to the already uncertain situation. She says she does not know whether Wheeler will be released in time for the birth of their child.
“That’s the hardest part,” she said. “Not knowing if we can even get him out when I go into labor, if we’re still fighting.”
McAtee says Wheeler considers Great Falls home and has spent years contributing to the community, including working with seniors. She says being treated differently because of where he was born has been devastating.
“He’s not a criminal,” McAtee said. “He’s never committed any crimes. He doesn’t belong there. They treat him like he’s not human just because he wasn’t born here.”
The Ninth Circuit Court of Appeals is expected to hear the case later this spring. Until then, Wheeler remains in custody as the family searches for legal representation and waits for answers.
