Will Abigail Hernandez be deported before facing criminal charges?

Abigail Hernandez is due in state court on Thursday to be arraigned on two counts of making a terroristic threat, but it's possible she may be deported before those charges are resolved.

Hernandez appeared at a bond and custody hearing Monday afternoon at the federal detention center in Batavia, where she has been held for a month.

The 21-year-old special education student was arrested after she allegedly posted a message to Facebook threatening to shoot students at East High School in February.

Hernandez, who was born in Mexico, was detained by agents with Immigration and Customs Enforcement when she was released from the Monroe County Jail on bail on Feb. 21. She is considered an undocumented immigrant and is facing deportation in addition to the criminal charges.

Judge denies request to be released on bond

At the hearing Monday, Hernandez's attorney, Hannah Vickner-Hough, asked for her client to be released on bond. Judge Steven Connelly denied that request.

Vickner-Hough said the nature of the criminal accusations pending against Hernandez factored into the judge's decision. Hernandez will continue to be held in federal custody until there can be a hearing on the immigration allegations, which could lead to her being deported.

That's a process that may happen quickly, Vickner-Hough said, perhaps within a few months.

'Dreamers' can be deported if judged a threat to public

The DACA policy allows young people who were brought here unlawfully as minors to live, attend school and work without fear of deportation as long as they abide by the law and meet a range of guidelines.

If a so-called Dreamer is charged with a crime, judged a threat to public safety or found to have violated program rules, ICE can commence removal proceedings.

Her father, Eufracio Torres, said Hernandez has special needs and is very dependent on her family. She was a student at Edison Career & Technology High School, and previously attended East High before she was moved to Edison for a special education program better suited to her needs.

Torres said he and his wife have green cards, and their two younger children are American citizens. But they did not obtain necessary documents for Abigail when she was brought to this country.

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SLAHMAN@Gannett.com