(ESPAÑOL) An Argentinian immigrant in Jackson, Miss. Could face expedited deportation in two to three weeks, her attorney said.
Daniela Vargas was detained by Immigration and Customs Enforcement on Wednesday as she left a news conference, her attorney Abby Peterson said. At the news conference, she spoke of her fears of deportation and stressed her will to continue living in America.
Vargas sits in an ICE detention facility in Louisiana awaiting deportation. Peterson is trying to get a stay issued on the pending deportation.
“We were informed by ICE that Daniela is being processed as a visa waiver overstay and that she will not be given a bond or an Immigration Court hearing before her removal,” Peterson said. “However, this is in direct contradiction to the statement released by ICE that Daniela would be given an opportunity to present her case to a federal Immigration Judge.”
Thomas Byrd, spokesman for ICE, declined to comment Friday.
Meanwhile, a circuit judge in Florida found that a policy passed by the Miami-Dade Mayor Carlos Gimenez which allowed county jails to hold undocumented immigrants awaiting deportation by federal agents to be in violation of the Tenth Amendment and therefore unconstitutional.
The judge, Milton Hirsch, stated that states cannot give up their reserved powers to the federal government, even if they wanted to.
The short-term effects are likely limited; other judges are not bound by Hirsch’s ruling and the judge did not order Miami-Dade jailers to stop honoring federal agent’s requests to hold people otherwise eligible for release if they are marked for deportation.
However, this ruling likely signals what is to be a nationwide legal battle involving President Trump’s immigration policies and the controversial sanctuary city policies.
The county immediately filed a notice of appeal with the Third District Court of Appeal. If the court issues a “stay” in the case until it is resolved, the county can continue holding inmates wanted by immigration authorities.
There is even a remote possibility that this case will arrive at the doors of the Supreme Court of the United States, and the constitutional question of sanctuary cities can be given a final answer.