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By Chris Matthews
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A University of California, Berkeley student was arrested by immigration agents at San Francisco International Airport as she prepared to fly to Oregon for a weekend getaway with her boyfriend.
Paula Hernandez, 23, a Colombian asylum seeker, was detained by ICE agents on October 30 while waiting to board a flight to Portland.
Her attorney said she had overstayed her visa but had a pending asylum application and a valid work permit. The Department of Homeland Security (DHS) said she had no legal immigration status and would remain in custody pending removal proceedings.
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Hernandez is being held at the California City Detention Center in Kern County, California, while her lawyers seek her release.
What to Know About Her Case
Her boyfriend, identified only as Anthony, told the San Francisco Chronicle that he had arranged the trip to give her a break from her studies.
The couple planned to visit waterfalls in Oregon before she returned to Berkeley for her midterm exams.
But while they were waiting at the airport, plainclothes immigration agents approached Hernandez and asked her name before arresting her, according to her attorney, Nikolas De Bremaeker.
De Bremaeker said the agents did not identify themselves as immigration officers or police, an account disputed by DHS.
Anthony said he was unable to speak to his girlfriend until the following day, when she had been taken to an immigration detention facility in Stockton.
She was subsequently moved to Sacramento, back to Stockton and then to California City, about five hours from San Francisco.
Anthony told the Chronicle that she was coping with her detention.
He said: "She's been moving around a lot. She said she's doing okay; she's calm, a little more calm than we are."
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Hernandez entered the US from Colombia on September 6, 2022, with permission to remain until March 6, 2023, according to DHS.
Her attorney said she had fled gender-based violence in Colombia and applied for asylum within a year of arriving in the US.
He said she had attended her immigration appointments, submitted biometric information and received a work permit. She also had no criminal record or previous arrests, according to De Bremaeker.
However, DHS said she had remained in the country after her permission to stay expired.
A DHS spokesperson told Newsweek: "On October 30, ICE arrested Paula Valentina Albornoz Hernandez, an illegal alien from Colombia, at the San Francisco International Airport. She entered the country on September 6, 2022, with legal permission to stay until March 6, 2023. In defiance of our nation’s laws, she did not depart. She will receive due process and remain in ICE custody pending removal proceedings.
“DHS reversed the horrendous Biden-era policy that allowed aliens in our country illegally to jet around our country. Under President Trump, DHS will no longer tolerate this. This administration is working diligently to ensure that aliens in our country illegally can no longer fly unless it is out of our country to self-deport.
“To be clear, work authorization or a pending application does NOT confer legal status in the United States. This administration will not ignore the rule of law.
“Being in detention is a choice. We encourage all illegal aliens to take control of their departure with the CBP Home App. The United States is offering illegal aliens $3,000 and a free flight to self-deport now. We encourage every person here illegally to take advantage of this offer and reserve the chance to come back to the U.S. the right legal way to live the American dream. If not, you will be arrested and deported without a chance to return.”
De Bremaeker argued that the arrest was unlawful because Hernandez had been complying with immigration requirements and had previously dealt with federal authorities without being detained.
Her lawyers filed a habeas corpus petition in federal court on November 2, challenging her detention and seeking her release.
De Bremaeker told KQED: "Going on a trip to Portland really should not mean that you get detained by ICE."
Hernandez previously studied at San Jose City College before transferring to UC Berkeley earlier this year, where she studies business administration.
She has also conducted research into artificial intelligence.
Her arrest prompted UC Berkeley Chancellor Richard Lyons to publicly support the student and call for her return to the university.
In a message to students and staff on November 2, Lyons said: "This student is a valued member of our community, and campus leadership is doing everything within our power to support them so that they may return to their life at Berkeley to continue their studies with us."
He said the university had arranged legal support and was in close contact with her family.
Lyons added that the arrest had created fear and uncertainty among members of the university community and urged students and staff to review guidance about their rights during immigration enforcement operations.
What Happens Next
Berkeley Mayor Adena Ishii also called for her release, saying her detention did nothing to make the community safer.
Hernandez remains in custody while her legal challenge continues.
Newsweek has contacted Hernandez's attorney for comment via email.
Contact Newsweek editors on this story: Matthew Robinson, Gray R. Thomas
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