By Salma El-Sakka
ICE agents arrested a Colombian university student at San Francisco International Airport on Friday as she prepared to board a flight to Portland, according to reports and legal filings.
Arrest at San Francisco Airport
Paula Valentina Albornoz Hernandez, 23, a University of California, Berkeley student, was taken into custody by an ICE officer in plain clothes while waiting at the gate with her boyfriend. The agent identified her after three attempts and informed her that her visa had expired.
Visa Status and DHS Response
Albornoz Hernandez entered the U.S. on September 6, 2022, with permission to stay until March 6, 2023. A Department of Homeland Security spokesperson said she remained in the country illegally and would face removal proceedings. The spokesperson added that work authorization or a pending asylum application does not confer legal status.
Asylum Claim and Work Permit
Her attorney, Niko De Bremaeker, said Albornoz Hernandez overstayed her visa after experiencing severe gender-based violence in Colombia and has a pending asylum claim. She also holds a valid work permit and previously attended San Jose City College before transferring to Berkeley, where she conducted artificial intelligence research.
Detention Conditions Criticized
Following her arrest, she was transferred to the California City Detention Facility in the eastern California desert. Her boyfriend, Anthony, said she was moved through multiple facilities, including Stockton and Sacramento. Attorneys and advocates have described conditions at California City as inhumane, citing insufficient medical care documented by independent auditors and the ACLU.
Legal Challenge Filed
A habeas corpus petition filed Monday in U.S. District Court by Centro Legal de la Raza alleges the arrest violated the Constitution and federal law because she was not presented with a warrant or found to be a flight risk. The petition demands her release and seeks to prevent future detention without a court hearing.
University Response
UC Berkeley Chancellor Richard Lyons said the university is working to support the student, calling her a valued member of the community.
