Federal judge in Colorado orders bond hearing for detained immigration activist Jeanette Vizguerra

A federal judge in Denver on Wednesday gave federal immigration authorities and the Justice Department until Dec. 24 to hold a bond hearing for detained immigration activist Jeanette Vizguerra.

The judge ordered the government to bring Vizguerra "before an impartial immigration judge for a constitutionally adequate bond hearing, in which the Government bears the burden of establishing by clear and convincing evidence that Petitioner presents a flight risk or danger to the community, such that continued detention is justified."

The order came as Vizguerra and her supporters were marking her ninth month in detention by Immigration and Customs Enforcement at the GEO facility in Aurora.

In its order, the court concluded that "detention will definitely terminate at some point, but that point is likely to be many months or even years from now." Further stating that ,"Ms. Vizguerra-Ramirez has been detained since March 17, 2025. She has therefore been detained for approximately nine months, exceeding the presumptively reasonable six-month detention period."

The order also said that "Ms. Vizguerra-Ramirez's factual allegations – which Respondents (the Government) do not dispute – demonstrate that the conditions of the Aurora Contract Detention Facility resemble criminal incarceration."

ICE officials in Denver said they are working on providing a response to the order.  Previously, an ICE spokesperson said, "Vizguerra has a final order of deportation issued by a federal immigration judge. She illegally entered the United States near El Paso, Texas, on Dec. 24, 1997, and has received legal due process in U.S. immigration court."

Vizguerra is the mother of four, including three children born in the United States. Her detention has prompted protests and calls for her release. This week her lawyers issued a new filing, arguing Vizguerra should be granted military parole after her daughter Luna Baez Vizguerra joined the U.S. Air Force.

Vizguerra and her attorneys have alleged that she was targeted by ICE because of her outspoken criticism of U.S. immigration policy. The judge on Wednesday said the First Amendment claim filed on Vizguerra's behalf is taken under advisement and will be the subject of a status report to be conducted within 14 days of the bond hearing, "The First Amendment Claim remains for the Court to decide and what impact, if any, this Order and the outcome of the bond hearing have on the merits of the First Amendment Claim."

In previous filings attorneys for ICE argued that because Vizguerra was not lawfully present in the U.S. and already subject to a removal order, "The presence of such valid reasons for the arrest and subsequent detention means that her First Amendment retaliation challenge fails."

This is a developing story and with be updated as more information becomes available.