Federal lawyers urged a U.S. District Court judge in Colorado to reject Jeanette Vizguerra’s challenge of her detention in a new filing this week, arguing that she hasn’t sufficiently shown the government was retaliating against her activism when authorities arrested her.
The well-known immigrant-rights advocate was in the country without proper legal status, and Immigration and Customs Enforcement officers were following a reinstated removal order, U.S. Justice Department attorneys wrote in the Tuesday filing. It responded to arguments by Vizguerra’s legal team in recent weeks that the government’s arrest of Vizguerra in March violated her First Amendment rights.
Read our previous coverage below
- Immigrant rights activist taken into ICE custody in Aurora 'without warning,' advocacy groups say
- 'I need my mom back': Supporters of immigrant rights activist reportedly detained by ICE rally in her defense
- Former Denver ICE director on agency’s history with Jeanette Vizguerra: ‘She's had more than due process'
- Supporters rally at Auraria Campus to demand release of immigrant rights activist Jeanette Vizguerra
- Federal judge orders ICE not to deport Jeanette Vizguerra with court case still pending
- Jeanette Vizguerra was 'targeted,' detained by ICE for her activism, attorneys claim
The federal attorneys counter that, as a noncitizen, Vizguerra can’t argue that her free-speech rights were violated during her arrest, detention and potential deportation from the country.
“The Supreme Court has determined that noncitizens cannot challenge the enforcement of a removal order based on a selective-enforcement theory,” the lawyers wrote, adding that Vizguerra “does not have a viable First Amendment retaliation challenge here.”
The filing was signed by acting U.S. Attorney J. Bishop Grewell and assistant U.S. attorneys Benjamin Gibson, Timothy Jafek and Kevin Traskos. Vizguerra’s attorney, Laura Lichter, didn’t immediately respond to a request for comment Wednesday.
Read the full story from our partners at The Denver Post.
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