Detained Mississippi immigrant released
A Mississippi immigrant who made national headlines when she was detained after speaking out a news conference has been released from U.S. Immigration and Customs Enforcement custody.
Daniela Vargas, 22, was released Friday under an Order of Supervision from the LaSalle Detention Center in Jena, Louisiana, according to her attorney, Abby Peterson with Elmore & Peterson Law Firm.
"We want to see her, we want to lay eyes on her," the firm's Nathan Elmore said of Vargas.
Elmore said he received a call from an ICE agent at approximately 8:30 Friday morning saying that Vargas would be released that day.
Vargas was released around noon Friday, Peterson said.
"Daniela is really happy to be out right now, understandably," she said. "She was very surprised this morning when all of this happened and very relieved. She was told to get her things, and she was given about five minutes to get out and she took it."
Vargas, of Morton, has been in the United States under the Deferred Action for Childhood Arrivals immigration policy. Because of financial constraints, Vargas did not have the $495 filing fee to renew her DACA. It expired on Nov. 11. She reapplied for DACA and the U.S. Citizen and Immigration Services received her paperwork Feb 10.
She was detained by ICE agents March 1 shortly after speaking at a news conference in downtown Jackson.
Vargas, who came to the United States from Argentina when she was 7 years old, was being treated as a "visa overstay" meaning she did not have the right to a bond or a hearing.
Peterson noted that Vargas has yet to appear in front of an immigration judge. Vargas' order of removal was not issued by a judge but by an immigration agent.
Peterson said she believes Vargas was released as a result of "prosecutorial discretion" and will be given "basic due process rights and put in front of an immigration judge."
After being released from custody, Vargas was driven back to Mississippi by her friend, Jordan Sanders. Sanders was with Vargas when she was originally detained.
Because she is now under an Order of Supervision, Vargas will have to check in to the local ICE in Pearl office next month, Peterson said. Her attorneys will accompany her.
It is unknown if the terms of her release will change.
If Vargas' DACA is approved, the order of removal would still be in place, Peterson said.
A tweet from the ICE-verified Twitter account said Thursday "Deferred action does not prevent DHS from executing a removal order."
"Because that removal order is still there, they could enforce it at any point," Peterson said. "That’s a real concern moving forward."
"It's something that puts her in jeopardy every day," Elmore said.
Reached Friday morning, Thomas Byrd, ICE spokesperson, would not elaborate.
"We have no further comments on the case," Byrd said.
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Vargas' story quickly went national, and multiple groups joined together to help fight her case.
The Southern Poverty Law Center, the National Immigration Law Center, the law firm of Elmore & Peterson and the Law Office of William Most filed a habeas petition on Monday for her release in the U.S. District Court for the Western District of Louisiana, Alexandria Division, according to Michelle Lapointe, senior staff attorney at SPLC.
Peterson said Vargas, whom she believes should have never been detained, was fortunate to have such a show of support.
"We are overjoyed by the news of Daniela’s release,” she said. "It is motivating that the power of so many voices in support of Daniela was finally heard. But it is important to underscore that this detention should have never transpired in the first place. Not every person will be fortunate enough to have the kind of backing that Daniela was afforded, and we need to make sure that the enforcement priorities do not allow other individuals like Daniela to be unjustly detained for deportation."
RELATED: Mississippi immigrant faces deportation without hearing
Karen Tumlin, legal director for the National Immigration Law Center, also voiced her objection over Vargas being detained.
"Dany’s case shows that when a community fights back, we win,” Tumlin said "The truth, though, is that Dany should never have been detained in the first place. President Trump’s mass deportation force is ensnaring folks like Dany, causing chaos and breaking apart communities. We will continue to fight for justice for Dany and for others like her.”
SPLC deputy legal director Naomi Tsu said their organization will continue to fight against Vargas' potential deportation. "and will not rest until she is no longer under threat of deportation."
"It is counterproductive and harmful to our communities for ICE to be targeting aspiring young people in this country, and we urge ICE to release other immigrant youth held in detention,” Tsu said.
Vargas was speaking against deportation at the March 1 news conference. Her father and brother were detained outside their home by ICE agents on Feb. 15. Vargas hid in the closet. When agents discovered her, she was temporarily handcuffed and then released.
After her father and brother were detained, Vargas went into hiding. She came out of hiding to speak at the news conference.
Peterson does not know if Vargas will speak out publicly moving forward but said, "I hope she continues to express herself however she's comfortable."
Contact Sarah Fowler at 601-961-7303 or sfowler@gannett.com . Follow her on Facebook and Twitter .