The Rhode Island ACLU shared information Friday morning that outlines the contents of a memorandum U.S. District Judge Mark Wolf submitted on Thursday demanding an explanation for ICE’s detention of Rhode Island resident and Guatemala native Lilian Calderon.
The release states that following Calderon’s release on Tuesday, ICE officials filed a motion to dismiss the motion brought by the ACLU which challenged Calderon’s detention and sought to prevent her deportation.
In response, Wolf questioned whether Calderon’s release invalidated ICE’s petition, citing a pattern by ICE officials of detainment and subsequent release once legal action was taken. Wolf further demanded that ICE offer specific details on Calderon’s case including why she was detained and why they chose to release her when they did.
John Mohan, a public affairs officer for the New England Region of ICE, issued a statement following Calderon’s release from custody saying any illegal immigrant living in the U.S. can be detained or deported.
“While ICE does focus its enforcement resources on individuals who pose a threat to national security, public safety and border security, no classes or categories of removable aliens are exempt from potential enforcement. All of those in violation of United States immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.
Ms. Calderon Jimenez, has now been released from ICE custody; unfortunately however, as her case is still the subject of an ongoing judicial appeal (there was a petition filed on her behalf) ICE does not comment on pending judicial appeals.”
ICE is required to file an affidavit by February 21 stating the basis for Calderon’s detainment, whether her detainment was mandatory or discretionary, procedures followed, reasons for her release, whether ICE had the authority to detain her and whether the release is indefinite or for a defined period of time. The report must also include whether others were detained during the same time period while seeking permanent residency in the United States.