A 23-year-old UC Berkeley student has been detained by Immigration and Customs Enforcement (ICE) at San Francisco International Airport while waiting to board a flight to Portland.
Paula Albornoz Hernandez, a Colombian asylum seeker, was taken into custody on Friday 30 October and is being held at the California City Detention Facility in Kern County, according to her lawyer.
Nikolas De Bremaeker, a managing attorney with the Alameda County Immigration Legal and Education Partnership, said agents told Hernandez she was being detained because she had overstayed her visa. He argues that the arrest was unlawful and unconstitutional.
De Bremaeker said Hernandez had applied for asylum within the required period, attended her biometric appointments and received a work permit. He has filed a habeas corpus petition in federal court seeking her release.
The Department of Homeland Security confirmed the detention, saying Hernandez entered the US legally on 6 September 2022 with permission to remain until 6 March 2023 but did not leave. The department said she would receive due process and remain in ICE custody while removal proceedings continued.
DHS also disputed claims that the agents failed to identify themselves. A spokesperson said the administration would no longer allow people without legal immigration status to fly within the US, arguing that they should instead leave the country.
Hernandez’s lawyer said she had fled Colombia after experiencing gender-based violence. She later graduated with honours from San José City College before transferring to UC Berkeley, where she is studying business administration and conducting research in artificial intelligence.
UC Berkeley Chancellor Richard Lyons said the university was providing legal support and working with Hernandez’s family. “This student is a valued member of our community,” he said, adding that the university was doing everything possible to help her return to her studies.
Berkeley Mayor Adena Ishii has also called for Hernandez to be released, saying that detaining a student in such circumstances “does nothing to make our community safer” and creates fear among immigrant families.
San Francisco International Airport said it had not been notified of the detention and did not assist with immigration enforcement. ICE and the Department of Homeland Security had not initially responded to requests for comment.
