Immigrant activist Jeanette Vizguerra speaks from Colorado detention center as attorneys renew efforts to have her released

In a new federal court document filed on Monday, attorneys representing detained immigrant rights activist Jeanette Vizguerra asked a judge to grant her immediate release from a Colorado detention center, arguing that her prolonged detention is a violation of her Fifth Amendment constitutional right to due process.

Her lawyers said that at a minimum, Vizguerra, who is herself an immigrant fighting deportation, should be granted a bond hearing, during which the government "must be required to justify Ms. Vizguerra-Ramirez's ongoing detention by clear and convincing evidence." The filing goes on to say, "Ms. Vizguerra should not be detained. The Respondents cannot prove that Ms. Vizguerra-Ramirez poses a flight risk or a danger to her community."

Later in the evening on Monday, several dozen supporters of Vizguerra, including her attorneys and community organizers, held a vigil at the Immigration and Customs Enforcement detention facility in Aurora. Some held signs that read "free Jeanette," "free them all," "abolish ICE," and "no human being is illegal."

Vizguerra spoke to her supporters through a video phone inside the facility, which activists amplified through a microphone held up to their phone. She also spoke to CBS News Colorado through the same phone system after the vigil.

"At this moment I'm very tired," she said. "At the same time, I'm trying to continue resistance."

She said that she hopes a judge will rule on the case in the coming weeks, but said she's trying to remain tough.

"My family knows that I love them and knows that I will always fight for them and that they will be together," she said in Spanish. "My kids know that I love them just like the community because lots of people in the community have become my family."

Her lead attorney, Laura Lichter, has been involved in Vizguerra's case for years. She says that the legal team's core demand is for the government to prove why, after 6 months of detention, Vizguerra should remain there.

"Jeanette's not dangerous. She's not going to run away. She's not any threat to anyone," Lichter said. "She wants to be right here, doing exactly what she's doing; fighting her case, fighting for her legal rights, but in the warm embrace of her family, with her community, outside of a private prison."

Lichter and her co-counsel said part of their efforts include trying to learn more about the conditions of Vizguerra's detention, saying that their access to their client has been limited.

Judith Marquez, a family friend of 16 years, read a statement from Vizguerra's family at the vigil, thanking community members for their support, while sharing concerns for their mother's health.

"I worry for her health as time progresses. She's currently been put on a gluten-free diet where they feed her rice, beans, lettuce, and slices of turkey or ham. Prior to this, she'd tell me how the meals would upset her stomach so severely, she needed to take medications for it. She'd had a couple of occasions recently where her blood pressure spiked, and I'm certain that, not only does (private prison operator) GEO (Group) not have enough medical staffing, but they do not have the proper treatment for her."

After the publication of this story, Christopher Ferreira, a spokesman for GEO Group, which operates dozens of private prisons and immigration detention facilities, refuted the claims of Vizguerra's family in an emailed statement.

"At locations where GEO provides health care services, including the Aurora ICE Processing Center, individuals are provided with access to teams of medical professionals including physicians, nurses, dentists, psychologists, and psychiatrists. Ready access to off-site medical specialists, imaging facilities, Emergency Medical Services, and local community hospitals is also provided when needed," he wrote. "In accordance with ICE detention standards, GEO provides all detainees with access to three, nutritious daily meals that are approved by a registered dietitian and by ICE. All food menus undergo a complete nutritional analysis to ensure they meet the U.S. Recommended Daily Allowance/Dietary Reference intake guides, which are set by the Food and Nutrition Board of the Institute of Medication of the National Academies. Menus are also available to accommodate any special religious or dietary needs.. 

Vizguerra and her supporters say that she's a political prisoner who's been targeted for her speech, similar to the cases of other high-profile legal residents, student activists, and asylum seekers, despite claims from the U.S. Department of Homeland Security that immigration officers were prioritizing 

On Tuesday, ICE acknowledged but has not yet responded to a request for comment from CBS Colorado sent Monday. The agency did, however, issue a statement about Vizguerra in March after her arrest.

"Vizguerra is a convicted criminal alien from Mexico who has a final order of deportation issued by a federal immigration judge," an ICE spokesperson said at the time. "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."

After the publication of this story, an ICE spokesperson sent the same statement it did in March, but added, "under President Trump and Secretary Noem, we are once again a nation of laws. We will find, arrest, and deport illegal aliens regardless of if they were a featured 'Time Person of the Year.' If you come to our country illegally, we will deport you, and you will never return. The safest option for illegal aliens is to self-deport, so they still have the opportunity to return and live the American dream."

Vizguerra's attorneys say the government now has three weeks to respond to their filing in court.

CBS Colorado producer Holly Santman contributed to this report.