Federal attorneys are pushing back against Jeanette Vizguerra’s challenge of her detention, arguing that her activism did not play a role in her arrest. Vizguerra, an immigrant-rights advocate, was arrested for being in the country without legal status, with Immigration and Customs Enforcement following a removal order, according to a filing by the U.S. Justice Department.
In response to Vizguerra’s legal team’s claims that her First Amendment rights were violated, federal lawyers argue that as a noncitizen, she cannot claim a violation of free speech rights during her arrest and potential deportation.
The filing, signed by acting U.S. Attorney J. Bishop Grewell, disputes Vizguerra’s claims of retaliation by the government and states that she does not have a viable First Amendment challenge.
Vizguerra’s detention was ordered by U.S. District Judge Nina Wang in March, following her arrest outside her workplace at a Target store. Her attorneys have accused the government of retaliatory behavior, citing a social media post by a Department of Homeland Security official.
Despite Vizguerra’s arguments, the government maintains that her arrest was not based on her activism and that the case should have been filed in a different court.
Another aspect of Vizguerra’s case involves a “reasonable fear” screening conducted by U.S. Citizenship and Immigration Services, which found that she did not have credible fears of returning to Mexico. The agency referred her case to an immigration judge for further review.
Government attorneys emphasized that the decision by USCIS was independent of ICE’s actions and that Vizguerra’s claims of misleading conduct during the screening process were unfounded.
Overall, the legal battle surrounding Vizguerra’s detention continues, with both sides presenting their arguments in court filings.
