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A Burnsville woman who has been in ICE custody for about four months without access to potentially life-saving surgery was released from detention Wednesday.

Andrea Pedro-Francisco, 23, is an asylum seeker originally from Guatemala who has lived in Burnsville with her family since 2019. She was detained by immigration agents in early February on her way to work and was sent to a detention center in El Paso, Texas, just days before she was scheduled for surgery to remove a large ovarian cyst.

One of Pedro-Francisco’s lawyers, Ruby Powers, said Pedro-Francisco was “shocked” but “relieved” to get the news that she would be released.

“I think she was starting to lose hope last week,” Powers said.

Pedro-Francisco has reported extreme pain these past few months as her cyst grew. Another lawyer for Pedro-Francisco has said without surgery, her client could die. 

Powers said Pedro-Francisco couldn’t understand why she was given medications like laxatives and birth control while in detention despite already having been diagnosed with an ovarian cyst that required surgery.

“It was very confusing for her,” Powers said.

Powers is one of several lawyers who have worked on Pedro-Francisco’s case. In total, Powers said they filed two habeas petitions and two requests for humanitarian parole.

Powers said the first habeas was denied, the second stalled and the first humanitarian parole request was denied.

Legal appeals are just one aspect of the pressure campaign that has grown on Pedro-Francisco’s behalf.

“Between ministers in Minnesota and North Dakota and congressional offices and Senate offices and advocates between at least three states — of Texas, Minnesota and North Dakota — there's been a lot of advocacy,” Powers said.

Both U.S. Rep. Angie Craig, who represents Burnsville, and U.S. Sen. Tina Smith have repeatedly pushed for Pedro-Francisco’s release. 

Craig held a press conference in Burnsville

A spokesperson for Sen. Tina Smith said the senator spoke on the phone last week with a senior Trump administration official asking for Pedro-Francisco’s release. In a statement Thursday, Smith said she secured Pedro-Francisco’s release.

The U.S. Department of Homeland Security did not immediately reply to a request for comment on why Pedro-Francisco was released and if she’ll be detained by immigration agents again.

Powers said it may never be clear what ultimately convinced federal authorities to release Pedro-Francisco, but no matter what “this is a huge win.”

Powers is representing many people in ICE detention experiencing similar challenges to Pedro-Francisco, though none were detained in Minnesota during the winter surge of federal agents.

“It's a very demoralizing line of work at this moment, but we have to stay strong, because they need us, and who else is going to fight for them?” Powers said.

Meanwhile, Powers said Pedro-Francisco is thrilled to come home and see her family. This is the longest they’ve been separated.

Powers shared a statement from Pedro-Francisco that reads, in part:

“Ahora que sé que voy a regresar, yo pienso primeramente en mi familia, en volver a ver a mi familia. Y en los instrumentos, porque es como que parte de mi vida. Y también, como me dijeron que van a ser cirugía, entonces estoy preparándome para eso.”

“Now that I know I'm going home, I think first of my family, of seeing my family again. And of my instruments, because they are like a part of my life. And also, since they told me I will need surgery, I am preparing myself for that."

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A Burnsville asylum seeker detained by ICE since February has been released after lawyers raised concerns about delayed surgery for a large ovarian cyst.

ICE releases Burnsville asylum seeker with life-threatening condition

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