Federal judge to hear case of Salvadoran mother in ICE detention
25-year-old Antonia Aguilar Maldonado, seen here, is currently being held in ICE detention at the Kandiyohi County Jail. MPR News has blurred the photo to protect the children's identity.
Courtesy of Antonia Aguilar Maldonado via Gloria Contreras Edin and Hannah Brown
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Audio transcript
NINA MOINI: We're following two top stories on Minnesota Now. This afternoon, there will be a vote to take over management of HCMC as the Hennepin County hospital faces a budget shortfall. We'll learn about that impact from our reporter, Estelle Timar Wilcox.
But first, a federal judge in Minnesota today will hear the case of a 25-year-old Salvadoran mother of two who's been in ICE detention for more than two weeks. MPR News Senior Reporter Sarah Thamer has been covering this story and joins me in the studio now with more. Thanks for being here, Sarah.
SARAH THAMER: Thank you, Nina.
NINA MOINI: Sarah, to start, what do we about this case? Walk us through some of the details.
SARAH THAMER: Well, Antonia Aguilar Maldonado is a 25-year-old mother from El Salvador. Her attorneys say she came to the US without legal status as a 17-year-old unaccompanied minor in 2016. She now lives in Lake Elmo with her husband and their two children, who are both US citizens. On July 17, her attorneys say she was on her way to work as a self-employed painter.
She had just dropped off her kids when Homeland Security agents stopped her and her husband in St. Paul. They were both detained, but taken to different facilities. And Maldonado was sent to Kandiyohi County Jail in Wilmer, which houses ICE detainees. The attorneys say her husband has separate counsel, and they didn't share any further details about his case.
NINA MOINI: OK. And so her attorneys say that she should not be in detention right now. Why is that?
SARAH THAMER: They point to a few key things. They say she has no criminal record. She's been following all the rules of her immigration case. And she has an active asylum application. They also say an immigration judge here in Minnesota already granted her release on a $10,000 bond.
But instead of letting her go, ICE filed something called an automatic stay, basically pressing pause on her release. They're citing a new Department of Homeland Security policy that limits bond for certain people who entered the country without inspection. Her attorneys argue that that policy shouldn't apply to her, especially since she entered as a child.
NINA MOINI: And so you reported there's a removal order in her history. How does that play into this?
SARAH THAMER: When she was arrested last month, federal agents told her they were acting on an old deportation order. But her lawyers say that order was reopened and canceled years ago because she never got proper notice of her court hearing as a teenager. They also say since then, she's been attending all of her hearings and has stayed in compliance with the court. So from their perspective, that removal order shouldn't be the reason that she's in detention right now.
NINA MOINI: What do we know about her situation in detention and how she's managing that while she's separated from her children?
SARAH THAMER: Her attorneys say Maldonado's youngest child is just 22 months old and still nursing. They say that when she was first detained, the jail didn't initially provide her with a breast pump, but then a manual pump was later bought by staff. They say she's noticed her milk supply has changed in color, and she's worried about whether it's still safe for her toddler.
Beyond that, her lawyers describe her as emotionally distraught, saying she cries often, imagining her children, especially the baby, crying for her. Right now, her kids are staying with an aunt And uncle.
NINA MOINI: So what exactly will the judge be deciding today?
SARAH THAMER: Well, Maldonado has filed a habeas petition, basically, a request for the court to intervene, asking for a temporary restraining order that would require ICE to follow the immigration judge's decision and release her. The government has responded to her petition, stating that they oppose that temporary restraining order, emphasizing that prior order of removal.
They argue that stopping the detention now would disrupt immigration enforcement and bypass that administrative process, which should finish before any court steps in. If she's released, her lawyers say she'll continue her asylum case and show up for all of her future court dates.
NINA MOINI: And you've been covering a lot of cases for us, Sarah. Does her case reflect any broader trends or issues in immigration enforcement you're seeing?
SARAH THAMER: Some immigration attorneys say this case is similar to others where DHS has detained individuals who entered the US as minors, including people without criminal records who are still in the process of resolving their immigration cases. They say it raises legal questions about the scope of the government's detention authority, particularly in cases involving families.
And, by the way, Nina, we also contacted ICE for more details regarding this case. In response, a spokesperson said in an email, quote, "by statute, we have no information on this person."
NINA MOINI: Anything else you're keeping your eye on or following right now?
SARAH THAMER: I've been following how big national immigration policies play out right here in Minnesota. That has included covering people in ICE detention and the legal fights to get them released, as well as unpacking changes to state and federal laws that impact everything from asylum cases to work permits-- talking with immigrants about those changes, what they mean to them day to day, whether it's figuring out court dates, juggling jobs while waiting on paperwork, or just simply being worried about being separated from their family.
It's a beat that mixes legal reporting with community listening. And, at its core, it's really just showing how policy decisions land in people's lives.
NINA MOINI: Thank you so much for your reporting and sharing it with us, Sarah.
SARAH THAMER: Thank you, Nina.
NINA MOINI: That's MPR News Senior Reporter Sarah Thamer. Today's hearing, by the way, is scheduled for this afternoon in federal court in St. Paul.
But first, a federal judge in Minnesota today will hear the case of a 25-year-old Salvadoran mother of two who's been in ICE detention for more than two weeks. MPR News Senior Reporter Sarah Thamer has been covering this story and joins me in the studio now with more. Thanks for being here, Sarah.
SARAH THAMER: Thank you, Nina.
NINA MOINI: Sarah, to start, what do we about this case? Walk us through some of the details.
SARAH THAMER: Well, Antonia Aguilar Maldonado is a 25-year-old mother from El Salvador. Her attorneys say she came to the US without legal status as a 17-year-old unaccompanied minor in 2016. She now lives in Lake Elmo with her husband and their two children, who are both US citizens. On July 17, her attorneys say she was on her way to work as a self-employed painter.
She had just dropped off her kids when Homeland Security agents stopped her and her husband in St. Paul. They were both detained, but taken to different facilities. And Maldonado was sent to Kandiyohi County Jail in Wilmer, which houses ICE detainees. The attorneys say her husband has separate counsel, and they didn't share any further details about his case.
NINA MOINI: OK. And so her attorneys say that she should not be in detention right now. Why is that?
SARAH THAMER: They point to a few key things. They say she has no criminal record. She's been following all the rules of her immigration case. And she has an active asylum application. They also say an immigration judge here in Minnesota already granted her release on a $10,000 bond.
But instead of letting her go, ICE filed something called an automatic stay, basically pressing pause on her release. They're citing a new Department of Homeland Security policy that limits bond for certain people who entered the country without inspection. Her attorneys argue that that policy shouldn't apply to her, especially since she entered as a child.
NINA MOINI: And so you reported there's a removal order in her history. How does that play into this?
SARAH THAMER: When she was arrested last month, federal agents told her they were acting on an old deportation order. But her lawyers say that order was reopened and canceled years ago because she never got proper notice of her court hearing as a teenager. They also say since then, she's been attending all of her hearings and has stayed in compliance with the court. So from their perspective, that removal order shouldn't be the reason that she's in detention right now.
NINA MOINI: What do we know about her situation in detention and how she's managing that while she's separated from her children?
SARAH THAMER: Her attorneys say Maldonado's youngest child is just 22 months old and still nursing. They say that when she was first detained, the jail didn't initially provide her with a breast pump, but then a manual pump was later bought by staff. They say she's noticed her milk supply has changed in color, and she's worried about whether it's still safe for her toddler.
Beyond that, her lawyers describe her as emotionally distraught, saying she cries often, imagining her children, especially the baby, crying for her. Right now, her kids are staying with an aunt And uncle.
NINA MOINI: So what exactly will the judge be deciding today?
SARAH THAMER: Well, Maldonado has filed a habeas petition, basically, a request for the court to intervene, asking for a temporary restraining order that would require ICE to follow the immigration judge's decision and release her. The government has responded to her petition, stating that they oppose that temporary restraining order, emphasizing that prior order of removal.
They argue that stopping the detention now would disrupt immigration enforcement and bypass that administrative process, which should finish before any court steps in. If she's released, her lawyers say she'll continue her asylum case and show up for all of her future court dates.
NINA MOINI: And you've been covering a lot of cases for us, Sarah. Does her case reflect any broader trends or issues in immigration enforcement you're seeing?
SARAH THAMER: Some immigration attorneys say this case is similar to others where DHS has detained individuals who entered the US as minors, including people without criminal records who are still in the process of resolving their immigration cases. They say it raises legal questions about the scope of the government's detention authority, particularly in cases involving families.
And, by the way, Nina, we also contacted ICE for more details regarding this case. In response, a spokesperson said in an email, quote, "by statute, we have no information on this person."
NINA MOINI: Anything else you're keeping your eye on or following right now?
SARAH THAMER: I've been following how big national immigration policies play out right here in Minnesota. That has included covering people in ICE detention and the legal fights to get them released, as well as unpacking changes to state and federal laws that impact everything from asylum cases to work permits-- talking with immigrants about those changes, what they mean to them day to day, whether it's figuring out court dates, juggling jobs while waiting on paperwork, or just simply being worried about being separated from their family.
It's a beat that mixes legal reporting with community listening. And, at its core, it's really just showing how policy decisions land in people's lives.
NINA MOINI: Thank you so much for your reporting and sharing it with us, Sarah.
SARAH THAMER: Thank you, Nina.
NINA MOINI: That's MPR News Senior Reporter Sarah Thamer. Today's hearing, by the way, is scheduled for this afternoon in federal court in St. Paul.
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