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NEWS RELEASE
WEDNESDAY, FEBRUARY 21, 2018

ICE Cites “Lack of Child Care Issues” and “Availability of Bed Space”
As Reasons for Detaining Mother of Two Young Children

Responding, in an ACLU lawsuit, to a federal judge’s order demanding answers as to why

Immigration and Customs Enforcement (ICE) officials detained Lilian Calderon, a 30-year-
old Rhode Island mother of two young children, for almost a month, an ICE official has
cited three reasons: (1) it believed her 2002 order of removal—which she had been taking
steps to address since 2016 under available regulations—rendered her a flight risk, (2) the
“availability of bed space”; and (3) “lack of child care issues.” The official also acknowledged
that Calderon could be subject to detention again after a three-month stay that ICE issued
expires.

Ms. Calderon was detained by ICE last month when she went with her husband, a U.S.
citizen, to the Providence field office of the U.S. Citizenship and Immigration Services in
Johnston as part of the process of applying for lawful permanent resident status. After
releasing Calderon from detention a week after the ACLU filed a lawsuit on her behalf,
Department of Homeland Security officials indicated that they would seek to dismiss the
ACLU’s petition as moot. Pointing to a pattern by ICE of detaining and then releasing
individuals like Calderon once court involvement ensued, U.S. District Judge Mark Wolf
ordered ICE to provide further information about Calderon’s detention and release. Today,
the agency responded to that order by filing an affidavit from ICE Deputy Field Office
Director Todd Lyons.

Despite allegedly considering Calderon a flight risk as a reason for her detention, Lyons
went on to cite her “ties to the community” as one of the reasons for releasing her. The
Lyons affidavit also indicates that six other people taking steps to seek permanent
residency last month in Rhode Island or Massachusetts ICE officials were similarly
detained. The affidavit provided no other details in citing “availability of bed space” and
“lack of child care issues” as reasons for detaining Calderon in the first place.

ACLU of Massachusetts attorney Adriana Lafaille said today: “ICE has confirmed that
Lilian and her family continue to be at risk of being separated despite the fact that she is
taking steps to seek permanent residency under available regulations. The agency's callous
statement that abruptly tearing a mother from two young children presented a ‘lack of
child-care issues’ underscores its basic disregard for the well-being of children, and for the
family unification that the regulations are designed to promote. ICE has also confirmed
today that it has inflicted this same harm upon six other New England families in January
2018 alone. That is unacceptable – and the ACLU will continue to fight for Lilian and
against arbitrary and unlawful detention practices.”
ACLU of RI executive director Steven Brown added: “ICE’s response demonstrates beyond
any doubt the complete arbitrariness of the agency’s process for detaining people in Ms.
Calderon’s position. That they chose to detain her because there was room at the inn is
appalling, especially since their claim that she was a flight risk is belied by the reasons
they gave for releasing her. We are hopeful this case will help lead to an end to these cruel
and unnecessary detentions.”

The federal lawsuit is being handled by the ACLU, while private attorney Martin Harris is
pursuing other administrative remedies on Ms. Calderon’s behalf.

A copy of the ICE affidavit can be found here:

http://riaclu.org/images/uploads/Calderon_v_Nielsen_ICE_affidavit_022118.pdf

Additional information about the case can be found here:

http://www.riaclu.org/court-cases/case-details/calderon-v.-nielsen

FOR MORE INFORMATION, CONTACT:

Steven Brown or Nicole Cordier, ACLU of RI: (401) 831-7171
John Ward, ACLU of Massachusetts: (617) 482-3170 ext. 336, (617) 913-2398