ROCHESTER, N.Y. (WROC) — Abigail Hernandez, a former Rochester student, has been released under supervision by U.S. Immigration and Customs Enforcement after spending more than six years behind bars. She was arrested in February of 2018 after admitting to authoring a social media post threatening to shoot people at East High School. Initially charged with two felony counts of Making a Terroristic Threat, Hernandez, who is now 27, eventually pleaded guilty to Falsely Reporting an Incident, a misdemeanor, and received 3 years probation, but because Hernandez arrived in the U.S. illegally as a toddler and remained a non-citizen, she was transferred to the Department of Homeland Security. A legal battle over her status ensued, with her attorneys arguing her intellectual disabilities and legal procedural errors should result in her release. Those arguments prevented her deportation to Mexico, but up until this year did not free her from detention, meaning she has been held for almost seven years. ICE confirmed to News 8 Friday that Hernandez has been released under a program called the Alternatives to Detention program, or ATD, in which various technology is used to monitor someone's movement and activity (see below for more on ATD). Among those expressing relief over the return of Hernandez is “Abby's Squad,” which is made up of a number of local advocates who have been funding Hernandez's legal defense and staying in regular contact with her throughout her ordeal. One member, Rita Gaither, was Hernandez's teacher in the Rochester City School District. “Abigail was probably my number one student,” Gaither said. “She was always ready, even if it was 6 in the morning, she was always ready to go.” Gaither says Hernandez, like others in the class, had a learning disability. “I believe that Abigail's is more of the cognitive disability, processing disability,” Gaither said. To this day, Gaither questions whether Hernandez actually wrote the threatening note. “Abigail would never hurt a fly,” Gaither said. “She's never had a discipline problem, she's never been suspended from school.” Another member of Abby's Squad, Rosalind Walker, wants the community to know Hernandez's case is ongoing and she's still at risk of deportation. “She's not free, she's on parole, ICE parole, not free,” Walker said. Deborah Wachspress adds that while Hernandez has displayed grace throughout this six-year ordeal, she says deportation would pose much greater challenges. “I think that would be more traumatic than any of this because she doesn't know Spanish. She doesn't know anybody there. She can't really function independently,” Wachspress said. “She can't even get around Rochester.” ICE did not comment on the mertis of Hernandez's case, but did provide this detailed description of the supervision program Hernandez is now under: U.S. Immigration and Customs Enforcement’s Alternatives to Detention program, which began in 2004, uses technology and case management to ensure noncitizen compliance with release conditions, court hearings and final orders of removal. The program allows ICE to exercise increased supervision over a subset of those on ICE’s docket, using several different monitoring technologies. ATD effectively increases court appearance rates and compliance with release conditions. It also helps participants meet their basic needs and understand their immigration obligations. ATD-ISAP (Intensive Supervision Appearance Program) is not a form of custody as defined under 8 C.F.R. § 1236.1(d)(1) as it does not entail physical restraint or confinement within a given space. Some ATD-ISAP participants, however, may be assigned a limited curfew. Those who are released from custody and enrolled in ATD must comply with the terms and conditions of their release, including appearances at all scheduled court hearings and compliance with ATD requirements. Depending on the circumstances of the case, failure to comply may result in an immigration judge issuing a final order in absentia and may render a noncitizen a priority for arrest and removal by ICE. As with any noncitizen in the United States without lawful status, ICE officers make enforcement decisions on a case-by-case basis to focus on the greatest threats to homeland security in a professional and responsible manner informed by their experience as law enforcement officers. ATD is currently available in over 300 locations nationwide for eligible participants residing within all of ICE’s 25 areas of responsibility. The levels of supervision and technology assigned to participants are based upon criteria that includes, but is not limited to, current immigration status; criminal history; compliance history; community or family ties; being a caregiver or provider; medical conditions; and other humanitarian factors. The ATD program may be appropriate for noncitizens who are released pursuant to an order of release on recognizance, order of supervision, grant of parole, or bond (unless an immigration judge or the Board of Immigration Appeals has determined custody and did not include ATD as a provision). To be eligible for enrollment in ATD, noncitizens must be 18 years of age or older, effectively removable from the United States, and in some stage of the immigration process. The ATD program is carried out with the support of a government contractor, BI Inc., which supervises participants through a combination of home visits, office visits, alert responses, court tracking and technology. The contract under which BI operates is called the Intensive Supervision Appearance Program IV. Under ISAP IV, ATD officers have the discretion to determine the types of technology, the frequency of home and office visits, and whether to assign court and alert management. Case management levels and technology assignment may be reviewed and adjusted by ATD officers at any time and are typically based upon a change in a participant’s circumstances and program compliance. SmartLINK: ICE uses three types of technology to monitor noncitizens on the ATD program, including SmartLINK. SmartLINK enables participants monitoring via smartphone or tablet using biometric facial comparison to establish identity. SmartLINK has been in use by ICE since 2018 and allows supervising officers and case managers to keep participants focused on the conditions of release. Approximately 75% of noncitizens enrolled in the ATD program utilize SmartLINK. If an ATD participant does not have a personally owned smartphone at the time of ATD enrollment, the participant will be issued a SmartLINK loaded device — the device is locked and is unable to be used other than through the SmartLINK application. SmartLINK devices must be returned upon the participant’s reassignment to a personal smart device, reassignment to a different technology, or completion of the ATD program. It is important to note the SmartLINK devices are solely limited to the functions assigned for the purposes of participation in ATD. They do not possess call capability or access to internet. The SmartLink devices can make emergency calls to 911 services only. Benefits to SmartLINK Technology: Push notifications and reminders for upcoming appointments can be automatically set and sent. This is particularly useful for court hearing reminders and office visit reminders. Participants can search through an established database to find community service provider information in their area. If participants are looking for information on where to find a food bank, clothing, or community services, they may search through their smartphone or tablet rather than contacting a case specialist. SmartLINK allows participants to upload and send documents to case specialists. Officers, case specialists and participants may directly message each other. Additional ATD Technologies: In addition to SmartLINK, ISAP uses the telephonic reporting and global positioning satellite monitoring to support the program’s goals. The telephonic reporting system uses a combination of automation, voice recognition and telephonic communication with a case specialist or ATD officer. The GPS unit monitors a participant’s location and movement using satellite technology through an ankle bracelet. The unit cannot be removed and is safe for use in wet environments, to include showering. Participants with questions or concerns with their GPS monitor can always contact their case specialist for assistance. ICE also uses wrist-worn GPS monitoring technology, which provides GPS location monitoring, facial matching, and messaging functionalities. The device leverages technology similar to a consumer smartwatch, but it cannot be used for any function beyond compliance with immigration-related activities. The ISAP program is operated through contractor support, which primarily supports the ISAP program by providing case specialists who manage individual cases, the day-to-day operations of several sites, and monitoring technologies. The daily cost per ATD participant is less than $8 per day versus the cost of detention, which is approximately $145 per day.