A 23-year-old college student from UC Berkeley remained in custody under Immigration and Customs Enforcement as of Wednesday after agents ambushed her last week at San Francisco’s airport before a planned vacation.
Paula Valentina Albornoz Hernandez is a citizen of Colombia who has lived in the United States since 2022, according to her attorneys.
On Oct. 30, she was arrested by ICE agents before catching a flight to Portland for a vacation with her boyfriend. The Department of Homeland Security said Hernandez is an “illegal alien” because she does not have legal immigration status.
“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,” a DHS spokesperson told KRON4.
Work authorization or a pending application for legal status shields a person from deportation, but DHS said illegal immigrants can no longer fly unless they are returning to their home country.
“DHS reversed the horrendous (Joe) Biden-era policy that allowed aliens in our country illegally to jet around our country. Under President (Donald) Trump, DHS will no longer tolerate this,” the spokesperson added.
Nikolas De Bremaeker, managing attorney with Alameda County Immigration Legal and Education Partnership, argued to KTVU that the arrest for a visa overstay was “unlawful and unconstitutional” given her compliance with the asylum process.
The student was forced to flee from Colombia because she was persecuted based on her gender, according to her writ of habeas corpus petition filed in court.
“She filed her asylum application well before her filing deadline,” said Bremaeker, whose organization has filed legal action. “She has attended her biometrics appointments, which she cleared, and subsequently received her work permit.”
According to her boyfriend’s recounting, a man had come up to Hernandez and sat next to her. The agent struck up a conversation with her before asking what her name was. After Hernandez confirmed her name, the agent showed his badge and detained her.
“I’m feeling sad, I’m feeling angry. I’m feeling overwhelmed that she’s in there and I’m out there,” the boyfriend, Anthony, told KTVU.
Hernandez, a junior pursuing a bachelor’s degree in business administration, is being held in custody at California City Detention Facility. She was reportedly working as an intern for an artificial intelligence company.
Her friends, the university and anti-ICE politicians have rallied in support of her. Supporters of hers note she has no criminal history.
“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,” UC Berkeley Chancellor Richard Lyons said in a message to campus.
