DENVER — U.S. Immigration and Customs Enforcement violated Jeanette Vizguerra’s First Amendment rights by detaining — and planning to deport — the Colorado immigration advocate, her attorneys argued in federal court in Denver on Friday.

U.S. District Judge Nina Wang held a short hearing on the high-profile immigration case, but did not rule on Vizguerra’s request to be freed. Vizguerra, 53, remained in detention at the Aurora ICE facility and did not attend the hearing at the Alfred A. Arraj U.S. Courthouse.

The judge granted the request by Vizguerra’s lawyers to amend their emergency petition for a writ of habeas corpus — a request to determine the validity of a person’s detention –with the new claim that ICE infringed on the advocate’s freedom of speech.

Laura Lichter, Vizguerra’s lead attorney, called her detainment “retaliatory.”

Wang previously had ordered the Trump administration not to deport Vizguerra or move her out of state until her petition is litigated. Vizguerra also has a case filed with the 10th U.S. Circuit Court of Appeals.

“This case has been moving very quickly,” Lichter said.

Federal prosecutors did not oppose the amendment to add the First Amendment claim, which must be filed by April 8. From there, the federal government has 21 days to respond.

Vizguerra’s attorneys also complained to the judge that U.S. Citizenship and Immigration Services contacted her directly without her lawyers present about a “reasonable fear” screening: a process that takes place during a removal order when an asylum officer assesses the merits of a detainee’s fears about returning to their country.

That screening is scheduled to take place Monday.

“We are frustrated with how USCIS… has been conducting itself,” Lichter said in the courtroom.

Federal prosecutors said the agency is following procedures that take place when there is a reinstated removal order, but Lichter has argued against the validity of any removal order for Vizguerra.

“The agency has an obligation to fulfill its regulations,” Timothy Jafek with the U.S. Attorney’s Office said. He and other federal lawyers are representing Aurora ICE processing center warden Dawn Ceja, ICE field office director Robert Guadian, Homeland Security Secretary Kristi Noem and U.S. Attorney General Pamela Bondi.

Until a court tells ICE its removal order is invalid, the agency will follow its regulations, Jafek added.

That elicited a question from Wang: “How can ICE trigger that (process) if it is in dispute?”

The federal attorneys agreed that Vizguerra’s attorney can be present at the reasonable fear screening.

Vizguerra was detained by federal agents on March 17 outside her workplace, a Denver-area Target store. Almost two weeks have passed since then, and attendees of multiple protests and vigils have called for her release — as have elected officials, including Denver Mayor Mike Johnston.

Vizguerra is known nationwide for her immigration advocacy after sheltering in two Denver churches to avoid deportation during Trump’s first term.

At a news conference outside the courthouse, Lichter told reporters: “Why target her? For her activism, for her open speech about the process, for her organizing. That is a constitutional violation.”

_____

©2025 MediaNews Group, Inc. Visit at denverpost.com. Distributed by Tribune Content Agency, LLC.