Sarah Fowler

The (Jackson, Miss.) Clarion-Ledger

An Argentinian immigrant detained after speaking out against deportation could be deported without a hearing 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 in downtown Jackson, Miss., 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.

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Peterson said she and her partner, Nathan Elmore, are planning to file a stay of removal Friday. If the stay is denied, Vargas could be deported to Argentina in two to three weeks. Vargas was 7 years old when her family came to America from Argentina, placing her under the Deferred Action for Childhood Arrivals, or DACA, immigration policy. Under the policy, DACA recipients have to reapply every two years. Vargas' DACA is expired but her renewal application is pending. Peterson said she told agents Vargas had a pending DACA case. However, agents told Peterson Vargas was a "visa overstay" and will be detained.

"We will be challenging ICE’s decision to deny her this right," she said. "Today we are requesting a stay of removal to give sufficient time for the renewal DACA application to be adjudicated by USCIS. We are also requesting that ICE exercise its discretion to release Daniela and put her in proceedings in Immigration Court to give her the right to present her case before an Immigration Judge."

Peterson expressed surprise at Vargas' arrest and frustration at her pending deportation.

"This is incredibly frustrating for me," Peterson said. "Before this all unfolded, this is something I would have never imagined either under the Obama administration or the Trump administration. This caught us off guard and has had a lot of people rethinking whether or not the priorities that are being stated publicly really are the priorities."

Vargas' brother and father were detained outside their home by ICE agents on February 15. Vargas hid in the closet. When she was discovered by agents, she was temporarily handcuffed and then released. After her father and brother were detained, Vargas went into hiding. She came out of hiding to speak at the press conference.

ICE agents reportedly told Vargason Wednesday, "You know who we are, you know what we're here for."

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Moments before being detained, Vargas told The Clarion-Ledger she planned to move out of state with her mother and pursue her dream of becoming a university math professor. Vargas' DACA expired on November 11, 2016. Due to the $495 filing fee, Vargas waited several months to refile. Vargas previously told The Clarion-Ledger she recently had to drop out of school at The University of Southern Mississippi for financial reasons. U.S. Citizenship and Immigration Services received Vargas' renewal paperwork Feb. 10, 2017.

Peterson said she did not believe Vargas' father and brother were detained because of her renewed DACA filing, saying the February incident was "unrelated to her entirely."

Byrd released a statement on Vargas' detention Wednesday. Byrd said ICE does not target people "indiscriminately."

“U.S. Immigration and Customs Enforcement took Daniela Vargas, 22, an unlawfully present Argentinian citizen, into custody March 1, during a targeted immigration enforcement action in Jackson, Mississippi," the statement read. "Every day, as part of routine targeted enforcement operations, U.S. Immigration and Customs Enforcement Fugitive Operations teams arrest criminal aliens and other individuals who are in violation of our nation’s immigration laws. ICE conducts targeted immigration enforcement in compliance with federal law and agency policy. ICE does not conduct sweeps or raids that target aliens indiscriminately.”

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Vargas has filed for and received DACA two times in the last four years, Peterson said, and has previously met all of the legal requirements.

"Daniela is not a criminal alien," she said. "She is an individual that has received DACA twice. All of the background checks for her have been done. Nothing has been found in her record because there's nothing to be found in her record...She’s maintained employment and filed her taxes. The fact that they're going after her now is disheartening."

Rep. Bennie Thompson issued a statement Thursday, calling into question the process in which Vargas was detained.

"Our country must have immigration policies that are constitutional and remain true to our values," Thompson said. "Ms. Vargas appears to have committed no crime and was only speaking out on behalf of her family, who is threatened by this President's misguided immigration agenda. ICE's assertion that her detention is 'routine' is absurd and seems anything but. Clearly, ICE resources used in this case would have been better utilized to find and detain dangerous criminals and get them off our streets."

"As a DACA recipient she should be allowed to stay here," Thompson said. "Those like Ms. Vargas just want a better life for themselves and their families and are true believers in the American dream — they should not be pushed further into the shadows."

Peterson, who spoke with Vargas on Thursday, said she will continue to fight for her client.

"She’s a strong individual," Peterson said. "I think she's probably scared, sad, nervous, angry, the whole spectrum of emotions but she still has a voice and that’s good. She still wants to stay here and she said she belongs here and this is where she wants to be and she wants us to fight for her."

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