Activist Jeanette Vizguerra, detained by ICE in Colorado, seeks military parole as daughter joins U.S. Air Force

As immigrant rights activist Jeanette Vizguerra approaches nine months in detention by U.S. Immigration and Customs Enforcement, her attorneys are appealing for her release, saying she's eligible for military parole in place and deferred action.

Her U.S.-born daughter, Luna Baez Vizguerra, became an active-duty member of the U.S. Air Force on Nov. 18, according to documents filed in federal court in Denver on Monday.

Vizguerra's attorneys say that entitles their client to a stay of deportation under a discretionarily granted status that affords parents of active-duty members of the U.S. armed forces access to immigration benefits.

They're asking a federal judge to release Jeanette Vizguerra from ICE custody on the grounds that her removal from the country is now unlikely. "Ms. Vizguerra Ramirez thus notifies the Court of the aforementioned developments, which reduce her likelihood of removal and further demonstrate that her detention is unconstitutionally prolonged," the new petition states.

Vizguerra has pending First Amendment free speech and habeas claims in federal court, seeking her release.

Jeanette Vizguerra has been an outspoken critic of U.S. immigration policy and spent months seeking sanctuary in a church during President Trump's first term.

She was awarded a Robert F. Kennedy Human Rights Award in June when she joined the ranks of global leaders recognized for "embodying Senator Robert F. Kennedy's belief in the power of courage to overcome injustice."

CBS Colorado reached out to U.S Citizenship and Immigration Services for comment on her new request for military parole. After the publication of this story, a USCIS spokesperson said the agency doesn't comment on individual immigration cases.

Previously, an ICE spokesperson said Vizguerra, a native of Mexico, had a final order of deportation issued by a federal immigration judge.