Jeanette Vizguerra detained in retaliation for protected speech, lawyers claim
An undated photo of Denver immigration activist Jeanette Vizguerra. (Courtesy of Vizguerra family)
Lawyers for Jeanette Vizguerra intend to amend her habeas corpus petition, alleging that U.S. Immigration and Customs Enforcement detained her in retaliation for speech that's protected under the First Amendment.
The amendment would set off new administrative deadlines and could delay the oral arguments in her case for up to a month.
Vizguerra, a nationally known immigration rights activist who lives in Denver, has been in ICE custody at an Aurora facility since March 17, when she was arrested outside her job at Target. Her attorney, Laura Lichter, said in federal court in Denver Friday that public statements and media reports since then make it seem like Vizguerra's arrest and detention are in response to her activism and public criticism of the country's immigration policies.
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Lichter has until April 8 to amend the petition against Vizguerra's detention to reflect the First Amendment claim. The government then has 21 days to respond.
A previous order from U.S. District Court Judge Nina Wang blocks attempts by the federal government to deport Vizguerra until oral arguments can be considered. Those arguments were originally set for Friday afternoon.
Vizguerra, 53, has lived in the United States since 1997 after her husband was threatened at gunpoint in Mexico, her home country. Her immigration case stems from a 2009 charge for having a false Social Security number. She was granted an offer of voluntary removal in 2011, left the country in 2012 and came back in 2013, when she was arrested for crossing the border without proper documentation.
She has since been granted several stays of removal, and she took sanctuary in two Denver churches during the first Trump administration to avoid deportation, which made her a high-profile figure in the immigration rights movement.
Federal prosecutors claim that a reinstated order of removal for Vizguerra from 2013 is valid and grounds for her deportation. Vizguerra has argued the order was not properly executed.
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