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California college girl swarmed by ICE at airport as she headed for vacation with boyfriend
A 23-year-old UC Berkeley student from Colombia was detained by US Immigration and Customs Enforcement at San Francisco airport on 30 October, as she was preparing to fly to Portland for a holiday with her boyfriend. The case has drawn support from the university and local advocates, while raising a dispute over whether her detention is lawful given her pending asylum process.
The Department of Homeland Security says Paula Valentina Albornoz Hernandez overstayed permission that expired in March 2023 and will remain in custody during removal proceedings. Her lawyers say she filed for asylum before the deadline, attended required biometric appointments and received work authorisation; they argue the arrest was unlawful. She is being held at California City Detention Facility, has no reported criminal history and is studying business administration.
In short
- ICE detained a Berkeley student at San Francisco airport.
- DHS says she overstayed her visa.
- Her lawyers cite her asylum case and work authorisation.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The government’s case is that Albornoz Hernandez’s permission to remain in the United States expired in March 2023, and that immigration authorities may detain someone whose status is disputed while removal proceedings determine whether they can stay. Enforcing immigration rules through established legal processes, it argues, protects the integrity and consistent application of those rules.
The case against
Her lawyers say she applied for asylum before her permission expired, complied with required appointments and received work authorisation, which they argue makes the detention unlawful. On that account, detaining a student with no reported criminal history while her claim is pending is unjustified and risks disrupting a process she has followed in good faith.