7th Circuit Court of Appeals issued stay of deportation; alderwoman, lawyers fear ICE may not comply
CHICAGO (WLS) -- Immigration groups are demanding the release of a Chicago mother detained by U.S. Immigration and Customs Enforcement this week while on a regular check-in with the immigration office.
Several white ICE vans carrying detainees pulled out of the Broadview Immigration Processing Center Friday afternoon. What is not known is where they are going and if Gladis Yolanda Chavez Pineda is in one. The longtime Chicago resident was one of several people detained by ICE this week during a routine check-in in the South Loop.
"We have attended check-ins with her before. We have entered the office before. We didn't even get a chance to give her a hug. They took her back there. They wouldn't let her back out," said Nadia Singh, with Beyond Legal Aid.
It took two days for Chavez Pineda's attorneys to locate her. ICE took her to the Broadview processing center, where she and other detainees were forced to sleep on the floor because the facility is not supposed to be an overnight facility.
"We were not allowed to give her a hug. We had to stand at least 10 feet back. She was in handcuffs. She wanted to give her appreciation. When she started speaking about her daughter, she did start crying," Singh said.
Chavez Pineda came to the United States 10 years ago to give her daughter a better life. The 47-year-old was in the lengthy process of applying for asylum.
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"Our office has represented Gladis since 2017, during which time we've complied with all requests provided to appear to several appointments, complied with certain surveillance requirements," said AJ Johnson Reyes, with Beyond Legal Aid.
Surveillance requirements include an ankle bracket for electronic monitoring. Chavez Pineda does not have a criminal record, and is not considered an enforcement priority.
She is a member and activist for the organization Organized Communities Against Deportations, known as OCAD. The group and Illinois Coalition for Refugee Rights protested, demanding Chavez Pineda's release Friday.
Chavez Pineda does have an order of removal against her. However, she is in the process of appealing it. Late Thursday night, the 7th Circuit Court of Appeals issued a stay of deportation. But, her Chicago alderwoman and lawyers fear ICE may not comply.
"There is no due process, and everybody deserves due process under the Constitution. So, we're just watching how this happened in front of our eyes," 37th Ward Ald. Rossana Rodriguez-Sanchez said.
Lawyers say, under previous administrations, ICE officers were given more discretion when presented with court orders. Now, officers say all decisions are up to headquarters.
In a statement Friday, the a spokesperson for the Department of Homeland Security said, "Those arrested had executable final orders of removal by an immigration judge and had not complied with that order. If you are in the country illegally and a judge has ordered you to be removed, that is precisely what will happen. During the Biden administration, thousands of illegal aliens-including violent criminals-with final orders of removal were on ATD and allowed to roam our communities. This should never have been the case. Thanks to the leadership of Secretary Noem and President Trump, the proper policy is back in place.
"ICE's ATD- Intensive Supervision Appearance Program (ISAP) exists to ensure compliance with release conditions. All illegal aliens are afforded due process."