ICE Releases Pregnant Immigrant from Custody

The San Diego Union-Tribune is reporting that immigration officials have released a 28-year-old pregnant woman who feared miscarriage due to her medical history of miscarriage, lack of prenatal care, forced work activities, and the conditions of the detention center where she was housed. The woman had been planning to self-deport to Mexico in order to protect herself and her unborn child. Prior to her release, the American Civil Liberties Union and MomsRising had called for the woman’s release, citing her medical history and Immigration and Customs Enforcement (ICE)’s usual policy of releasing pregnant women. The woman spent about 45 days at Otay Mesa Detention Center before being released. ICE released the woman on an order of supervision while her application for a U-visa is pending. A U-visa is available only for victims of certain crimes. This woman is a domestic violence victim whose ex-husband was deported after she reported him to police. This is somewhat of an unusual move by ICE, which generally does not issue an order of supervision after someone has agreed to be deported. However, ICE’s policy is to release pregnant women from detention unless there are extraordinary circumstances or a situation that calls for mandatory detention. Even if ICE finds that a pregnant woman should remain in detention, it must revisit that decision periodically. The ACLU argued that no such circumstances existed with respect to the woman at issue; the woman has no criminal history and is not a flight risk, due to her U.S. citizen family. ICE allegedly targeted the woman because she was deported once before, in 2007. If the woman does not succeed in her application for a U-visa, ICE will deport her to her native country. At Landerholm Immigration, A.P.C., we are actively monitoring the treatment of detained immigrants, including pregnant women, and detention conditions under this administration. No matter what the situation may be, we are dedicated to protecting the rights of detained noncitizens and working toward their release from detention. We know how to evaluate your case, explore your options, and provide you with the strongest defense against removal possible. Contact your California deportation defense attorneys today and set up an appointment to speak with our legal team.