Federal Judge Orders Immediate Release of Immigrant Detained at Daycare Amid Claims of Unlawful Holding.
A federal judge in the US has ruled that the detention of a woman taken into custody at an Illinois day care center by immigration agents was "unlawful" due to lack of access to a preliminary hearing. Diana Santillana Galeano, who had been pulled from the Rayito de Sol Spanish Immersion Early Learning Center on November 5th, remains in custody in Indiana until a bond hearing can take place.
Galeano's attorney claims that her client was being held without due process and faces "indefinite detention" under a policy of the Department of Homeland Security. According to sources close to the case, Galeano had been taken into custody by immigration agents who claimed she was at risk of deportation despite having documentation with her.
The court has previously ruled that this policy violates the rights of people detained by federal immigration agents, citing lack of access to due process. The ruling also came after an amicus brief filed by Illinois Attorney General Kwame Raoul and 19 other attorneys general called for a strike down on the DHS policy.
Judge Jeremy C. Daniel ordered Galeano's bond hearing to take place within the next week and has set a deadline for the government to provide an update on her release. The judge also expressed that Galeano should not be kept in custody "indefinitely" and is taking steps towards returning her to her home state, Illinois.
Galeano had previously told immigration agents that she had documentation with her but was still taken into custody. Her lawyer believes this action by the agents was a desperate attempt to stop her from being deported. The government has accused Galeano of "reportedly facilitating" the smuggling of her children into the country.
The court's decision comes after an incident captured on video, where immigration agents were seen dragging Galeano out of the day care center without warrants and entering classrooms while children were present.
A federal judge in the US has ruled that the detention of a woman taken into custody at an Illinois day care center by immigration agents was "unlawful" due to lack of access to a preliminary hearing. Diana Santillana Galeano, who had been pulled from the Rayito de Sol Spanish Immersion Early Learning Center on November 5th, remains in custody in Indiana until a bond hearing can take place.
Galeano's attorney claims that her client was being held without due process and faces "indefinite detention" under a policy of the Department of Homeland Security. According to sources close to the case, Galeano had been taken into custody by immigration agents who claimed she was at risk of deportation despite having documentation with her.
The court has previously ruled that this policy violates the rights of people detained by federal immigration agents, citing lack of access to due process. The ruling also came after an amicus brief filed by Illinois Attorney General Kwame Raoul and 19 other attorneys general called for a strike down on the DHS policy.
Judge Jeremy C. Daniel ordered Galeano's bond hearing to take place within the next week and has set a deadline for the government to provide an update on her release. The judge also expressed that Galeano should not be kept in custody "indefinitely" and is taking steps towards returning her to her home state, Illinois.
Galeano had previously told immigration agents that she had documentation with her but was still taken into custody. Her lawyer believes this action by the agents was a desperate attempt to stop her from being deported. The government has accused Galeano of "reportedly facilitating" the smuggling of her children into the country.
The court's decision comes after an incident captured on video, where immigration agents were seen dragging Galeano out of the day care center without warrants and entering classrooms while children were present.
... being taken away from her kids like that, never knowing when she'll see them again 
. It's just not right that she's being held in custody without access to a preliminary hearing - it's like the government is playing with people's lives here 
. I mean, what even is this policy that makes immigration agents think they can just take someone away from their daily life, let alone a daycare center? 
It's like they're trying to intimidate and control people instead of following due process... it's just so wrong 
.
a mom taken from her own daycare because she has papers with her?? that's not how it works in our country. i'm all about immigration reform, but this is just crazy 
and what's even worse is the video of agents dragging her out of the daycare without warning... that's just heartbreaking 
and as a society, we need to do better than just throwing people in detention centers for being undocumented.
I mean, can you believe this? A mom at a daycare center gets detained by immigration agents who claim she's a risk of deportation... meanwhile she's got documents with her 
. It's like they're trying to break the law on purpose. The court's ruling that the policy is unlawful because it denies access to due process is kinda obvious, but still 
. The fact that the agents dragged her out of the daycare center without warrants and entered classrooms with kids present... that's just insane 
. We need to make sure this mom is released ASAP and her rights are protected 
.
The court's got the right to say this policy is whack and it's time for Galeano to go home. 
He's not letting Galeano sit in limbo indefinitely. 
And let's be real, who needs a video of agents dragging someone out of daycare to make the point? 
. We need to do better, guys. This kind of treatment should never be allowed to happen again. I'm so glad Judge Daniel stepped in and said no way to this unlawful holding 
. Now, let's keep our fingers crossed that Diana gets released ASAP and can get back to her life with her little ones 
.
This is just crazy! I mean, a daycare? That's like, totally not supposed to be a place for detention. The government should know better than to mess with families who are just trying to provide for their kids 
. The fact that a judge is now stepping in and saying she shouldn't be held "indefinitely" is huge 
. I hope Galeano gets released ASAP and can go back to her life 
. And can we please do better as a society to protect families from being torn apart like this?