An immigration judge will decide in the coming days whether to temporarily release an immigrant rights activist after a Friday bail hearing that was delayed when authorities tried to block media access to the courtroom.
Attorneys representing Jeanette Vizguerra told the judge, Brea Burgie, that government lawyers had provided no evidence that Vizguerra posed a flight risk or a danger to the community.
Vizguerra, a nationally renowned activist, has been in the Aurora detention center since her March arrest, and her attorneys reiterated their allegations Friday that U.S. Immigration and Customs Enforcement officials intentionally targeted Vizguerra because of her public profile and advocacy. They asked Burgie to release Vizguerra, who was born in Mexico and does not have proper legal status, on bail while the rest of her immigration case proceeds.
“Detention is not justified,” said Laura Lichter, one of Vizguerra’s lawyers.
Shana Martin, an attorney for the U.S. Department of Homeland Security, argued that Vizguerra should continue to be detained indefinitely because, Martin said, she was both dangerous and a flight risk. Martin pointed to Vizguerra’s criminal conviction for using a fake Social Security card so she could work, as well as to traffic violations, as evidence that she “shows a lack of respect for authority.”
One of Vizguerra’s daughters recently joined the Air Force, and Vizguerra applied for a form of legal status based on her daughter’s military service. Martin said that application has been denied — something Lichter said was news to Vizguerra and her lawyers.
Lichter said after the hearing that she’d never seen that type of application denied in a case like Vizguerra’s. She told Burgie that the denial was “fantastic evidence” of the government’s bias against her client.
CIting the extreme complexity of the case, Burgie said she would issue a written decision on whether to grant bail to Vizguerra at a later date. The Denver judge appeared remotely in the Aurora detention center’s hearing room.
As Vizguerra waited in a hallway outside the courtroom, she blew a kiss to family members and waved to supporters.
The hearing came two days after a U.S. District Court judge ordered federal officials to provide Vizguerra with a bail hearing before Christmas.
Proceedings were delayed Friday morning after personnel at the detention center, which is privately run by the Geo Group, told reporters and supporters that they couldn’t enter the courtroom. It’s typically open to observers, family members of detainees and journalists who provide photo ID and go through a security checkpoint.
Earlier Friday morning, a Denver Post reporter was waiting for an escort to the courtroom when a Geo Group lieutenant approached and asked what courtroom he was visiting. When the reporter said he was there to watch the Vizguerra hearing, the lieutenant told him the courtroom was full and escorted him back to the lobby.
Juan Baltazar, the facility’s warden, later told reporters that they wouldn’t be allowed into the courtroom “partially” because of space constraints, as well as because of unspecified “safety and security” concerns.
Geo personnel also closed and locked a gate leading into the facility, with an armed guard later controlling access. The gate was not closed on several earlier visits by The Post earlier this fall. Guards on Friday were dressed entirely in black, a change from their standard blue shirts.
Baltazar said ICE officials had called and verbally ordered Geo personnel to allow in only lawyers, family and witnesses. He said the limitations were put into place “because of the attention (this case) is getting.”
When Lichter pressed him about what safety or security risk was posed by reporters, Baltazar said questions would have to be directed to ICE.
“Everybody has a boss,” he said.
After continued prodding by Lichter, facility personnel eventually relented and allowed in several reporters, along with a handful of Vizguerra’s supporters.
Messages sent to Steve Kotecki, Denver’s ICE spokesman, and to a regional ICE representative were not immediately returned.
Seth Klamann
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