Mother of Two Goes to Immigration Interview and Ends Up in ICE Detention

UPDATE: On February 13, ICE released Calderon from detention, which will allow her to reunite her with her husband and young children while she seeks to vindicate her legal rights.

A federal judge in Boston has stayed the deportation of a Rhode Island woman pending his review of a petition challenging her detention and the government’s efforts to remove her. The judge, Mark L. Wolf, is one of a growing number of judges across the country who are looking closely at the government’s increasingly aggressive detention and deportation practices.

Lilian Calderon, who was detained last month by Immigration and Customs Enforcement, is a 30-year-old mother of two young children who has lived in the United States since she was brought across the border at the age of three. Her detention has separated her from children who desperately need her care and raised the possibility that she could be whisked away to Guatemala, a country she barely knows.

Calderon has lived with a final order of removal since she was 15 — when her father lost his asylum bid. In 2016, after living in the shadows her whole life, she and her husband began a process created by the government that allows individuals in Calderon’s situation to apply for lawful permanent residency.

On Jan. 17, she appeared at the Johnston, Rhode Island, offices of U.S. Citizenship and Immigration Services (USCIS) with her husband for an interview designed to confirm their marital relationship — the first step in the process of seeking to become a lawful permanent resident. At the end of the interview, USCIS recognized their marital relationship as legitimate, setting her one step further along the path of seeking her status. Immediately afterward, she was abruptly detained by ICE and taken to a detention facility in Boston. In effect, the government’s left hand beckoned her forward, and its right hand grabbed her.

But that detention — and any potential removal of Calderon — violates U.S. laws, regulations, and the Constitution, which prohibits detentions that are not reasonably related to the government’s purpose of preventing flight and protecting the community. That’s why the ACLU of Massachusetts, supported by the ACLU of Rhode Island, this week filed a petition in federal court to seek Calderon’s immediate release from immigration detention. Although the federal judge’s order bars any immediate deportation to Guatemala, Calderon’s ordeal continues as the court weighs whether she should be released from a cell in Boston and returned to her two young children and husband.

Our petition for Calderon’s releases notes the impact her detention has already had on her family, including her 4-year-old daughter and 22-month-old son. Her young daughter has begun having nightmares three or four times a night, bursting into tears without warning, crying for her mother, and becoming frightened by brief separations from other family members. Her younger son can no longer sleep in his crib on his own. Her husband says he feels like he’s lost his best friend.

Calderon is being detained even though there is no evidence that she poses a flight or security risk. This is yet another local example of families torn apart and lives disrupted for no legitimate immigration enforcement purpose. The Trump administration’s detention and deportation machine grinds on, leaving nothing but misery in its wake.

A hearing in Calderon v. Nielsen will be held on February 21, 2018, at 10 a.m. in Boston.

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Ron Beau

So we're going to spend money to deport someone who is doing no harm, and is raising two American citizens. Why? Just to satisfy the hate of a segment that foams at the mouth over anyone here without the right paperwork?

Insanity.

Anonymous

That judge should be furious Immigration is doing its job! He doesn't seem to be!

Anne Barschall

I believe that deporting the parent of a minor US citizen, when that parent has committed no crimes, should be unconstitutional. Kids need their parents.

Anonymous

Is she on welfare, they sure start families quick when they have court order over their heads

Anonymous

Sob stories like this are incidences of regrettable collateral damage, but they are not in vain: Even now, people all over the developing world are reading this story. Cases like Calderon's are proportionally few and anecdotal, but they are precisely what will dissuade further impoverished and uneducated migrants from trying to come to the United States illegally. Would you want to after reading this?

If you're asking why this deterrence is important, let me be blunt: America is a country, not a charity. We have a large permanent underclass that cannot bear any new members. Since we can scarcely promise our own natural-born citizens opportunities for a prosperous and secure future at this point, we need to make sure that any further newcomers we choose to admit will elevate OUR nation and not vice-versa.

Rev. Jim Bridge...

I am thankful that she is being represented by the ACLU. I hope and pray she wins this court case and that she is allowed to complete the process to obtain legal citizenship. In the meantime, I have come to view ICE as an evil force, almost but not quite comparable to the Gestapo in Nazi Germany. Luckily, to date they have not become so violent as was the Gestapo, but they seemingly invoke the same fear and trembling in the immigrant population. For shame on them!

Mina Powell

What can I do to help? I am in South Carolina, in the middle of farm country. I cant march in a protest, but I want to help. I can make calls, write emails, write letters. Whatever I possibly can. Who do I talk to? Where do I sign up?

Anonymous

Really? What's the point? She was illegal and deportable. Defending this will open a can of worms to use their sob story. You cannot defend this so-called story. It's a game they all play for us to feel sorry for them. I know I live in NYC and see this every day. Come up here get an anchor child get benefits welfare, foods stamps, Medicaid, and housing.. Work on the books. Pay no or little tax. Open up a business serving only them. Also, they get funds from other Spanish organizations as well. Please save yourself the trouble.

Anonymous

I know it sucks.. but the law is the law..if you have a problem with that then change the law.. otherwise what are they good for?

Anonymous

She's 30 years old. Had plenty of time to try and get legal. Why did she wait so long? When they think they're going to get in trouble then they apply.

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