Calderon v. Nielsen

It was no coincidence when undocumented immigrants like Rhode Island resident Lilian Calderon were arrested by U.S. Immigration and Customs Enforcement (ICE) officials immediately after showing up for interviews at U.S. Citizenship and Immigration Services offices (CIS) to legalize their status. Instead, documents released yesterday reveal that CIS officials informed Boston ICE agents of the interviews, scheduled them at a convenient time for ICE, and sometimes even notified ICE when an individual arrived for his or her interview and how the interview was progressing. The disclosures came in a request for a preliminary injunction against the practice made by ACLU of Massachusetts attorneys in a class-action lawsuit filed in April on behalf of Ms. Calderon.

Reverting to a practice it had forsworn after the ACLU sued on behalf of Rhode Island resident Lilian Calderon, U.S. Immigration and Customs Enforcement (ICE) officials have said they may once again snatch and detain undocumented immigrants who show up for interviews with federal immigration officials to legalize their status. The revelation was made last week in a filing in Ms. Calderon’s lawsuit by a new ICE Interim Field Office Director in Boston, Rebecca Adducci.

The ACLU has filed a class action lawsuit challenging the Trump administration’s pattern of separating married couples and families pursuing lawful immigration status. The lead plaintiff in the lawsuit is Rhode Island resident and mother Lilian Calderon, who was recently released from detention as the result of earlier ACLU court action.

Responding, in an ACLU lawsuit, to a federal judge’s order demanding answers as to why Immigration and Customs Enforcement (ICE) officials detained Lilian Calderon, a 30-year-old Rhode Island mother of two young children, for almost a month, an ICE official has cited three reasons: (1) it believed her 2002 order of removal—which she had been taking steps to address since 2016 under available regulations—rendered her a flight risk, (2) the “availability of bed space”; and (3) “lack of child care issues.” The official also acknowledged that Calderon could be subject to detention again after a three-month stay that ICE issued expires.

Following the release Tuesday of Rhode Island resident Lilian Calderon from an immigration detention facility after being detained by ICE for almost a month, a federal judge in Massachusetts is demanding answers from the federal agency in response to the ACLU lawsuit filed last week that challenged her detention and helped lead to her release.

The ACLU today announced the release of Lilian Calderon, a Rhode Island mother who was detained last month by Immigration and Customs Enforcement (ICE). Calderon has lived in the United States since she was brought across the border at the age of three, and her sudden detention separated her from her husband and two young children. "Lilian’s detention was inhumane and unlawful," said Adriana Lafaille, staff attorney at ACLU of Massachusetts. "We are pleased that she is back home with her family, and will continue to work to protect Lilian’s rights and to fight against arbitrary detentions like this one." In 2016, Calderon and her husband began a process created by the government that allows individuals in Calderon’s situation to apply for lawful permanent residency. On January 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 this case, the government’s left hand beckoned her forward, and its right hand grabbed her,” said Steven Brown, executive director of the ACLU of Rhode Island. “This is yet another local example of families torn apart and lives disrupted for no legitimate immigration enforcement purpose. We are glad that she is able to return to Rhode Island and her family." The ACLU of Massachusetts – with support from the ACLU of Rhode Island – filed a petition in federal court to seek the immediate release of Calderon. The lawsuit argued that Calderon’s detention was a violation of her constitutional right to due process and federal immigration laws and regulations. "I am so happy to see my husband and children again and to be out of immigration detention, which was a terrible ordeal for our family,” said Calderon upon release. “What the government is doing to my family, and to so many others, is simply wrong."

BREAKING 2/6/18 11:20AM: Judge bars removal of Calderon outside Massachusetts while the suit is pending.  The judge's order is available here.