ACLU settles ICE lawsuit filed on behalf of RI woman who was detained
Jan 16, 2025
PROVIDENCE, R.I. (WPRI) — A federal court judge has signed off on a settlement agreement connected to a years-long legal battle lodged by the American Civil Liberties Union of Massachusetts (ACLU) on behalf of a Rhode Island woman who was unlawfully detained by immigration services nearly seven years ago.
The ACLU's class-action lawsuit challenged the former Trump Administration's pattern of separating married couples who are pursuing lawful immigration status. It argued that non-citizen spouses of U.S. citizens should be able to seek lawful immigration status while remaining in the country with their families.
Lilian Calderon became the face of the lawsuit, which was filed after she was arrested by Immigration and Customs Enforcement (ICE) back in January 2018. Calderon was taken into custody following a marriage interview and held for nearly a month in a detention facility near Boston.
Calderon, who was born in Guatemala and moved to Rhode Island when she was just 3 years old, thought she was taking the next step to become a lawful, permanent resident. The mother of two was eventually released from the detention facility and granted an extended stay of removal as she worked to secure her citizenship.
U.S. District Court Judge Mark Wolf approved the settlement agreement Thursday.
The lawsuit revealed that, even though federal regulations were in place to protect families from unnecessary separation, ICE scheduled and facilitated the arrests of hundreds of immigrants in the process of seeking lawful status.
Calderon continued to pursue legal status after being released from ICE custody and officially became a U.S. citizen last year.
"I was suddenly taken from my husband and kids when I went into a government office to try to seek legal status," Calderon said. "I was taken to a detention center, and some of the women there shared with me how they too were separated from their families. That night, I worried about my 1-year-old son's ear infection and whether my family was going to be OK."
"Now, my husband and I can tell our kids with certainty that our family won't be separated," she continued. "I hope that this country does not shut the door on families like mine, and I am thankful to have been part of a case that helps keep families together."
For the next two years, the settlement will provide certain noncitizen spouses with protection from ICE enforcement, as well as a process to reopen and dismiss their removal cases.
"This settlement is a critical step forward for so many families in New England, providing a pathway for families and married couples to stay together and removing certain obstacles in their path towards lawful status," ACLU of Massachusetts attorney Adriana Lafaille said. "While this settlement alone can't fix the harm experienced by class members, it does provide hope that these harms will not be repeated."
The settlement comes just days before President-elect Donald Trump's second inauguration.
"As we face a second Trump Administration and his threats to detain and deport people en masse, this case is a reminder of the human toll of such cruel and unlawful policies: By targeting immigrant community members who live in our neighborhoods, attend our schools and run local small businesses, the government tears apart families, communities, and the fabric of our nation," ACLU of Massachusetts Executive Director Carole Rose said. "The ACLU is prepared to push back against inhumane policies once again."
Couples who are unsure whether they're protected under the settlement agreement can review the requirements online.
ICE has not commented on the settlement agreement.
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