ICE attempt to quickly deport Arizona woman ignores federal law, attorneys say

Washington – Federal immigration officials are trying to quickly deport a woman who has been living in the United States for nearly 30 years, and their lawyers call the first test of a federal law that holds long -term immigrants until they have the chance to defend their case in front of a judge.

For Mirta Amarilis Co Tupul, lawyers filed a lawsuit at the US Regional Court in Arizona on Saturday night, and while the case was playing in court, Co Tupul is looking for an urgent stop for the deportation of Guatemala.

Co Tupul’s chief lawyer, Chris Godshall-Bennet, said, “Only this administration goes so far,” he said, “Because it is a fundamental disrespect for the superiority of law at the center.”

Godshall-Bennet said that the government’s movement against Co Tupul was the last of the many illegal actions called by the Trump administration in an effort to remove as many immigrants as possible. He said that if Co Tupul is allowed to continue deportation, his advocates may have wide effects for millions of other immigrants who live in the United States for years and who are at risk of deportation.

The case was opened against the internal security secretary Kristi NOEM, USA Atty. General Pam Bondi, Migration and Customs Protection Director Todd Lyons and Phoenix Ice Field Director John Cantu. The Department of Internal Security did not respond immediately to the request for comments.

Federal law Since 1996, it allows the government to place immigrants in accelerated lifting if they have lived in the US for less than two years. The Trump administration seems to use this law beyond its borders.

Eric Lee, one of Co Tupul’s lawyers, said, “They will catch the people who have been here for decades and the immigrant court will throw without their hearings.”

Co Tupul’s lawyers do not deny that he does not have legal status. It is how much time it should take.

38 -year -old Co Tupul entered the United States around 1996. A single mother of three US citizens aged 8, 16 and 18 years old and lives in Phoenix.

On July 22, a US Customs and Border Protection Agency, believed to be a green uniform, took over and quickly asked for the status of immigration when he was trying to work in a laundry. When Co tupul refused to respond, the agent hired ICE while looking for Ice that carried him to the Eloy detention center, about 65 miles southeast of Phoenix.

Three days later, his lawyer Mindy Butler-Christensen called Co Tupul’s deportation officer who explained that his client was placed in accelerated lifting operations and that he would be removed within one to three weeks.

Butler-christensen wrote in a sworn declaration, “I wanted the deportation officer to share why he would be placed in accelerated lifting,” he wrote. “He told me that it was a ‘new policy’, and he said he would apply his’ first contact with ice with immigrants.”

The authority said he refused to give the documents of the policy.

In accordance with regular deportation procedures, immigrants have the right to defend their lawsuits and their lawsuits in front of a migrant judge. Due to important court savings, this process can be removed for years.

Under accelerated liftingThe migration court process is skipped and immigrants cannot address, but they have the right to asylum screening.

Initially, faster process was applied to immigrants who came to entrance ports such as airports only. In the mid -2000s, it was enlarged to those caught by border agents in the mid -2000s with sea or land and by border agents within two weeks after arrival.

The accelerated lifting use was re-expanded in June 2020, between the COVİD-19 pandem, from the US to less than two years.

In January, the Trump administration announced that the government would now want to be deported only for those arrested at 100 miles of the border, but that policy has been implemented for only two years for more than two years.

Inside Federal Registration Notification By announcing the change, Benjamine Huffman, the internal security secretary who took action later, wrote that “the accelerated lifting scope was most comprehensively authorized by the Congress”.

“First they expanded the geographical region and now they are challenging for two years, Godshall said Godshall-Bennet.

Co Tupul’s brother has gathered a large collection of documents, including 16 close friends and family and vaccine records that have lived in the US for decades, that he has lived in the United States for decades until July 1996.

According to the e-mails reviewed by Times, BUTLER-CHRİSENSEN sent the evidence to ELOY DEENCE Center personnel and ICE Regional Field Office Director Cantu, saying that Co Tupul should be placed in immediately deportation.

The answer came with an e -mail of a deportation officer on July 29, “the case was reviewed and will remain in accelerated lifting operations.”

In a call the next day, he asked Butler-Christen, a supervisory detention and deportation officer, why he was so insistent, and Co Tupul was placed in regular trials and he said to him, “What is the difference?” According to the statement.

Butler-Christenn said, “During the arrest he told officers how long he had been living here,” he wrote.

“According to the law, I answered that I did not have to share this information and that I have provided a lot of evidence as his lawyer. [ICE] About how long he resides in Arizona. “

The officer was not bent.

Another ice official confirmed what this officer proposed – that Co Tupul was placed in accelerated lifting operations because he refused to share his immigration status with the officer who arrested him.

“Upon the administrative arrest of your client, he called for the right to make a statement,” he wrote an e-mail to the authorized Butler-Christen. “Based on this, civil servants committed him as an accelerated lifting.”

Co Tupul’s eldest son Ricardo Ruiz said that his mother had prepared him for the possibility of detaining him. He frequently watched the news and was afraid that he would reach his door at the end of his reported ice raids.

In short calls made from the detention center, Ruiz said to pay attention to his brothers and focus on his school activities as a first year student at the university.

Ruiz works at Walmart and divides the bills with her mother. He said he quickly felt the pressure of keeping his families alive without his help. Ruiz described Co Tupul as a special and hardworking woman who raised her children as good citizens who respect the law.

Authorized, immigrant authorities are unfair that they do not respect the law.

“I just don’t think you deserve it,” he said. “There is no one.”

On Monday, Co Tupul’s youngest sons began the first day of the new school year. For the first time, Ruiz was leaving them instead of their mothers.