Federal judge rules ‘abolish ICE’ activist and illegal cannot be deported for now

A federal judge in Colorado issued an order Friday blocking immigration officials from deporting “abolish ICE” activist and illegal immigrant Jeanette Vizguerra before a hearing scheduled for next week.
The order places a temporary injunction on local ICE officials Johnny Choate and Ernesto Santacruz, DHS Secretary Kristi Noem and U.S. Attorney General Pam Bondi from ordering Vizguerra’s removal while her case is being considered by the 10th Circuit Court of Appeals.
Vizguerra, 53, is a Mexican national illegally present in the country for years. After a deportation order was issued against her, Vizguerra voluntarily left the country in 2012, only to illegally return a year later.
While in the U.S., Vizguerra has become an outspoken advocate for abolishing ICE and reforming immigration laws to be more permissive.
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A federal judge in Colorado issued an order Friday blocking immigration officials from deporting “abolish ICE” activist and illegal immigrant Jeanette Vizguerra before her hearing, which is scheduled for next week. (Getty Images)
She was arrested by ICE in Aurora, Colorado, Monday, a move that created national controversy with many Democrats and media outlets rushing to her defense.
Denver Mayor Mike Johnston was among those who denounced Vizguerra’s arrest, saying, “This is not immigration enforcement. This is Soviet-style political persecution of political dissidents under the guise of immigration enforcement.”
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Friday’s order, issued by U.S. District Judge Nina Wang, said, “In light of these unusual circumstances, this Court respectfully concludes that an injunction is necessary to preserve the status quo and permit this Court the opportunity to thoughtfully consider the issues raised by both sides.”
The order states that government officials “shall not remove” Vizguerra until the court or the 10th Circuit vacates the order.
Though the order claims Vizguerra’s case “raises complex issues,” Andrew Arthur, a former immigration judge and policy expert at the Center for Immigration Studies, told Fox News Digital the case is simple.

Jeanette Vizguerra, who is in the U.S. illegally, holds her son Santiago May 12, 2017, in Denver, Colo. (Getty Images)
“This is a woman who unlawfully entered the United States twice. … She is subject to removal from the United States, and she is removable,” said Arthur. “Simply because she has spoken out against the immigration policies in the United States doesn’t render her immune from removal.
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“It’s almost like a person who robbed the bank, goes to jail, robs another bank and then complains about the penal system in the United States,” he said. “Simply because you have thoughts about incarceration rates in this country doesn’t mean that you’re not still going to be subject to some sort of response because of your subsequent unlawful activity.”
Matt O’Brien, director of investigations at the Immigration Reform Law Institute, a watchdog group opposed to abuses against immigration law, told Fox News Digital that, despite the uproar, he believes Vizguerra’s arrest is “100% justified.”
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Rep. Gabe Evans, R-Colo. (RJ Sangosti/MediaNews Group/The Denver Post via Getty Images)
He said “the only reason” Vizguerra evaded arrest for so long was “because the State of Colorado and the Biden administration were complicit in helping her to remain in the United States through their application of misguided policies that encouraged more lawless behavior and left Americans less safe and secure.”
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Rep. Gabe Evans, R-Colo., a freshman congressman whose district includes portions of north Denver, also commented on Vizguerra’s case, telling Fox News Digital it proves Colorado Democrats are not sincere about wanting to help deport criminal aliens.
Evans said Colorado Democrats “always say they want to work with the federal government to remove criminal illegal immigrants and that they’ll honor court orders signed by federal judges. Jeanette Vizguerra qualifies for both these categories, and yet Democrats are still opposed to her arrest, proving that Colorado is run by sanctuary state apologists who can’t even follow their own statements.”