Colorado activist Jeanette Vizguerra's hearing delayed as legal team challenges deportation: "She was targeted"
A lawyer representing Colorado immigrants' rights activist Jeanette Vizguerra claims Vizguerra's 1st Amendment Rights are being abridged by her detainment. They argue that her detention was retaliatory, linked to her criticism of Immigration and Customs Enforcement and her activism.
As a result, a court hearing scheduled for Friday was canceled, and U.S. District Judge Nina Wang instead set a status conference. The allegations came as the status conference unfolded. Vizguerra's counsel and the US Attorney have been preparing to argue over the legality of Vizguerra's detainment by ICE authorities since March 17.
"This isn't about making America safer or making our borders more secure. This is about chaos," said Vizguerra's attorney, Laura Lichter. "I believe that the targeting here of Jeanette is in line with what we're seeing in other types of cases, where people are being targeted for showing up at a protest, for posting certain messages on social media, for having a particular opinion. I believe that's unconstitutional. I believe it's un-American."
Her attorney said she will change the petition to allege Vizguerra's 1st Amendment rights are being violated. The US attorney did not comment on the allegation in court. The government has three weeks to respond and is barred from deporting Vizguerra while the case is ongoing. The next step could be weeks ahead.
Vizguerra has lived in the U.S. for nearly two decades. Her arrest by ICE last week prompted protests and calls for her release. Vizguerra crossed into the U.S. across the border from Mexico without documents in 1997 and has been trying to stay in the country since, even seeking protection from ICE for many months inside of a Denver church.
Her attorneys argue that her detention is unlawful due to procedural errors made by ICE, particularly regarding the use of improper documentation.
"Because they don't have the right paperwork, that is the thing that starts the process of removing her from the country, you never reach this question of whether it's actually safe to remove somebody," said Lichter.
Federal prosecutors argued that Vizguerra's 2013 deportation order remains valid and justifies her removal from the United States. They contend that the voluntary departure option granted to her in 2011 does not nullify the reinstated removal order. Additionally, they assert that Vizguerra has been afforded due process and should challenge the deportation order through the federal appeals court.
Judge Wang had ordered ICE to show cause for her detainment. In their filing in response to the court's order, the US Attorney alleged, "In practice, in the many years since the 2013 Reinstatement Order was entered, both Petitioner and ICE have acted on the understanding that an order of removal exists. Petitioner repeatedly sought—and often received—stays of removal pursuant to the 2013 Reinstatement Order."
The case has drawn attention due to Vizguerra's long-standing legal battle and her role as a prominent immigration activist and a critic of President Donald Trump.
Her legal team asserts that Jeanette's case underscores broader issues, including the unconstitutional targeting of activists and protesters. While detained, Jeanette is using her platform to advocate for the civil rights of other detainees.
On March 21, a U.S. district judge issued an injunction to prevent the removal of Vizguerra by ICE. Her lawyers plan to file an amended complaint by April 8, with the government required to respond within three weeks. The legal proceedings involve addressing due process violations and filing an amended complaint.
Friday evening, Vizguerra supporters gathered outside the Denver City and County Building. The potential of deportation weighs heavily on Vizguerra's family. Three of her children were born in the United States, making them US citizens.
"That's definitely always been a fear. It's been a fear for a very, very long time, since I can remember," said her 21-year-old daughter, Luna Baez. As her mother remains at the ICE detention facility in Aurora, she is helping her younger siblings.
"I would say they're doing alright. They try to maintain their day. Try to keep things going, but they miss their mom. And so do I."
Baez recalled the lessons in American History she had in school.
"When we would talk about empathy and when we would talk about stories in history, I thought we were all on the same page. I thought we all felt empathy for each other, I thought we all supported each other as a community. Over time, it's kind confusing seeing people have like a bad faith toward you being not only a different color, a different race, different nationality."
Watch the live event on CBS Colorado's YouTube channel here.
The court's current order means ICE is prevented from deporting Vizguerra, and the next step could be weeks ahead. Her attorney said she will change the petition to allege that Vizguerra's 1st Amendment rights are being violated. The US attorney did not comment on the allegation in court.
