Held by ICE, Nebraska Dreamer Turns to the Courts

LINCOLN, Neb. – A young Nebraska Dreamer who is being held on a U.S. Immigration and Customs Enforcement (ICE) detainer is suing federal and local authorities in an attempt to regain his freedom.

Today, the American Civil Liberties Union (ACLU) of Nebraska filed a lawsuit on behalf of Joel Angel-Becerril, a recipient of the Deferred Action for Childhood Arrivals (DACA) program. ICE took Angel-Becerril into custody in December, booking him into Sarpy County Jail on the inaccurate claim that he is subject to mandatory detention.

Angel-Becerril was born in Mexico and came to the United States at about 5 years old. Now 27 years old, he has lived almost his entire life in Omaha. His DACA status, which he gained in 2015, is current. He also has work authorization and was working for an auto salvage company and a cleaning products company before he was detained.

Despite being a DACA recipient, Angel-Becerril has had no chance to make his case for release before an immigration judge because he has not had a bond hearing. He is one of thousands of immigrants nationally who have been denied a bond hearing based on an ICE policy change that asserts nearly all detained immigrants are subject to mandatory detention and ineligible for release on bond.

Although a federal judge ruled that the mandatory detention practice is unlawful in a class action lawsuit, the country’s top immigration court official has instructed immigration judges to disregard the federal court’s orders.

Today’s filing argues that denial of Angel-Becerril's bond hearing violates the Immigration and Nationality Act and the final judgment in the class action lawsuit, which vacated ICE’s mandatory detention policy. Angel-Becerril's lawsuit requests a court order either directing his immediate release or mandating a bond hearing within seven days.

Angel-Becerril said:

“I hold on to hope of being released from detention and being reunited with my family. Nebraska is my home.”

ACLU of Nebraska Staff Attorney Grant Friedman said:

“Our arguments come down to this: ICE cannot opt out of following federal law and court orders. Our client is as much a Nebraskan and American as any of us, and he has both protection from being deported and work authorization. He also has a right to a bond hearing under federal immigration law. People should not have to turn to the courts because officials are refusing to comply with the law, but here we are. We will keep doing all we can for community members who are caught up in this mess.”

Angel-Becerril's lawsuit marks the ACLU of Nebraska’s third immigration-related lawsuit in the last two weeks. The prior two lawsuits were brought on behalf of men being held in the immigrant detention center in McCook, Nebraska.

Last year, ACLU of Nebraska lawsuits prompted the release of three women who were separated from their families after an ICE workplace raid in Omaha. Advocacy efforts led to the release of a fourth client, a man with two young children at home.