New Zealand Embassy staff have made contact with Sarah Shaw - the Kiwi woman being detained along with her son at a US immigration facility.

The pair were detained on the Canadian border three weeks ago.

Shaw's lawyer Minda Thorward says she's using every legal process she can to get the pair out - but it's ultimately up to DHS.

"We're hoping that they're just going to release her and her son later this week - although they may still remain in proceedings. But we're still just waiting to find out what's going to happen."

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