One ICE detention chapter winds down, another heats up

State Sen. Margo Juarez of South Omaha visits with Glenn Valley Foods workers who were detained during a June 10 immigration raid in Omaha and held in the Lincoln County Jail in North Platte. (Cindy Gonzalez/Nebraska Examiner)

NORTH PLATTE, Neb. — After three months in ICE detention, legal fees mounting and no release in sight, Nuri Garibo Chona did what she called unimaginable. She left behind four daughters to return to the birthplace where she hadn’t lived for decades. The Omaha mom was here illegally. Her kids are all U.S. citizens, and younger ones now are in the care of her oldest daughter, who is 27. 

Another woman ensnared in the Glenn Valley Foods immigration raid in Omaha also was removed to Mexico last week without her two children, who remained in Omaha with their dad. On her way out, Leydy Solis Factor said she still was confused about why the work permit she got through proper channels was no longer good.

Meanwhile, one of the men still held from the raid in the Lincoln County Jail has hired a local lawyer to replace an out-of-state firm and prays he hasn’t lost a shot at being released on bond. He has a wife and children in Omaha and fears for their safety if he is forced back to Guatemala.

The number of Glenn Valley workers detained in this North Platte jail, which is paid by U.S. Immigration and Customs Enforcement to detain migrants, has dwindled since the high-profile worksite raid executed June 10 by more than 80 federal and local agents. 

Shortly after the Nebraska Examiner visited the facility last week, Garibo Chona and Solis Factor were removed from the country, and three other women were released on bond, leaving six from the Glenn Valley raid among those in custody there. 

ICE officials did not provide specifics when asked this week for an update, but of the original group of roughly 80 arrested, a spokesperson previously said about a dozen were released early and 63 were sent to North Platte. Several agreed to voluntarily deport themselves, and many have been released on bond as their lawyers build cases to prevent forced removal.

To State Sen. Margo Juarez of Omaha, their journeys and circumstances have become even more relevant as the state prepares to repurpose a state prison into a  300-bed ICE detention center in McCook, a town of about 7,200 residents about an hour from North Platte.

Last week she became the first state lawmaker to sit down with Glenn Valley detainees. The discussion ranged from medical, legal and interpreter services to how their children were faring. After meeting with men and women garbed in black and white stripes, Juarez stepped into a nearby hall and cried. 

She said she’s on a mission to ensure that federal ICE detainees in Nebraska have access to the same services offered to state inmates in state prisons.

“It was really difficult to see the reality, the human faces,” said Juarez, whose South Omaha district includes the Glenn Valley plant and other meatpackers that traditionally have attracted immigrant workers.

 “These are people locked up away from family,” she said. “We have jailed innocent working people.”

* * * 

The federal government has a different viewpoint. 

Representatives of ICE and its Homeland Security Investigations arm have repeatedly referred to the Glenn Valley case as a targeted, federal criminal investigation aimed at stopping the widespread use of stolen identifications by foreign-born workers to gain jobs.

“These so-called ‘honest workers’ have caused an immeasurable amount of financial and emotional hardship for innocent Americans,” HSI’s Mark Zito has said. “If pretending to be someone you aren’t in order to steal their lives isn’t blatant criminal dishonesty, I don’t know what is.”

Court documents track the Omaha raid  — the largest immigration enforcement action in Nebraska since 2018 — back to a March subpoena that sought company employment records tying 107 of 177 employees to fraudulent IDs or documents that didn’t authorize them to work in the country.

At least one defrauded U.S. citizen already had lodged identity theft complaints with the Internal Revenue Service and Social Security Administration. During the raid, agents questioned a worker whose job application matched the name of that complainant — leading to the arrest of Guadalupe Cabrera Mejia.

To date, available federal court records show Cabrera Mejia as the only Glenn Valley employee criminally charged for the alleged use of a stolen ID. Asked how that reconciled with “widespread” criminal activity alleged earlier, a spokesperson for the U.S. Attorney’s Office in Nebraska said ICE determines whether to pursue felony criminal charges. 

With regard to the Glenn Valley probe, she said, ICE elected “overwhelmingly” to pursue administrative charges in immigration court, a venue and process independent of federal prosecutors.

ICE has said an administrative charge is often a more expedient option, a faster path to deportation. The raid came as federal agencies are under pressure from the Trump administration’s goal of making 3,000 related arrests per day and pursuing mass deportations. 

These so-called ‘honest workers’ have caused an immeasurable amount of financial and emotional hardship for innocent Americans.

– Mark Zito, Homeland Security Investigations

In Nebraska, Gov. Jim Pillen, backed by many legislative Republicans, has pledged resources to help President Donald Trump’s immigration agenda. Among state offerings: turning the McCook-based Work Ethic Camp into a Midwestern ICE detention center that federal officials dubbed the “Cornhusker Clink.” 

That conversion plan requires the relocation of 186 state inmates elsewhere in a Nebraska correctional system already ranked as the most crowded in the country, when measured by operational capacity. The decision to offer ICE state assistance sparked protests at the Governor’s Mansion and a four-hour public hearing that drew dozens of opponent speakers and no proponents.

Scant details shared about the project is partly what Juarez said spurred her to make the trek west to the jail in North Platte and prison in McCook. 

“This isn’t going away,” she said. “They’re amping up enforcement, and I really wanted to see and hear from these families for myself.”

* * * 

On a day last week, Lincoln County Sheriff Jerome Kramer accompanied Juarez into separate cell blocs for men and women. The Examiner was allowed as well.

Women set aside Bibles and art materials and huddled around the silver table where the lawmaker sat. An interpreter from a local advocacy group called Hope Esperanza helped bridge any language gaps.

Kramer praised the nonprofit’s founder, North Platte native TinaMaria Fernandez, for having eased stress that came with the sudden swell of inmates whose first language was different from that of his staff. 

The arrival of the Glenn Valley group increased the jail population by about 50% at a time the facility was short-staffed, Kramer said. He said the federal government pays the county $74 a day for each ICE detainee and covers transportation and medical expenses.

“If I remember it right, they called to see if we could take them and said they’d be here in three hours,” Kramer said. 

Juarez viewed as a positive sign the rapport between Hope Esperanza, Kramer and his team and detainees. She wondered out loud if McCook has a similar community organization able to assist in that town’s future ICE detention operation.

Fernandez said that while McCook is about an hour’s drive away, she didn’t see her team being able to provide similar humanitarian outreach at that facility, since the oversight would be federal versus local county officials.

Most of the women, in response to Juarez’s queries, said they hadn’t visited with family members face-to-face but had been able to communicate via video conferencing. 

Jail staff have been respectful and responsive, several said. Another added: “It’s ugly. We’re locked up.” 

Isabel Ponce, a 34-year-old mother of three kids who are with their father in Omaha, said anxiety was “pushing my limits.” 

For some, legal relief has been grinding or nonexistent.

In Garibo Chona’s case, for example, an immigration judge ordered her removal from the country. She was torn about appealing and leaving her daughters but said the judge told her he would not change his mind if her case came before him six months later. She was removed from the country last week.

Solis Factor said she had a government-issued permit to work while awaiting a court hearing, so she at first was not concerned she’d be detained. But many immigration programs and rules have changed since Trump took office for the second time in January. And a judge ordered her removal.

“I want my children to stay and continue their education and learning English,” she said of her kids, ages 5 and 10.

In the men’s detention quarters, Juarez asked a small group if they had a criminal background.

“We are workers,” said Juan Ramirez Jacinto of Guatemala. He said he had three children and a wife in Omaha and was especially worried about a daughter who hadn’t been able to sleep well.

Ramirez Jacinto’s first lawyer was part of a group based in another state. His new attorney, Jamie Arango of Lincoln, said she is trying to make up for time lost to ineffective counsel and will seek his release on bond. 

Even with attentive representation, Arango and other experts say an already complex immigration system on top of fast-changing federal policies understandably leaves clients puzzled.

* * *

Indeed, the swiftly-evolving immigration landscape has been playing out in an Omaha courtroom.

U.S. District Court Judge Joseph Bataillon at least nine times has rejected attempts by the federal government to deny the release of Glenn Valley workers on bonds already granted by an immigration court judge.

The three most recent cases were decided Sept. 11 and involved women who had met with Juarez. Among them was Yurenia Genchi Palma, a single mother of three U.S. citizen children who had been in the country more than 20 years. 

Though an immigration judge in mid-July granted Genchi Palma’s release on a $7,000 bond, federal attorneys blocked it by filing an “automatic stay.” Nebraska Appleseed, which represents her, called that a new practice driven by the “interim guidance” leaked in a July 8 internal memo from the Trump administration. 

The new approach seeks to make nearly all detained immigrants facing removal proceedings ineligible for release on bond, with an aim of making more of them more likely to self deport, experts say. 

ICE has said the changed direction “closes a loophole to our nation’s security” that the Biden administration and others had based on “inaccurate interpretation” of federal law. Such measures are needed, says Trump and other supporters of stepped-up immigration enforcement, to reverse past patterns.

Bataillon ruled the automatic stay provision and prolonged detention unconstitutional despite a Sept. 6 decision days before by the Board of Immigration Appeals, which had affirmed the “interim guidance.” 

As a federal court judge, Bataillon is not required to follow the decision of the BIA, an administrative body in the executive branch. He questioned the legal rationale behind the analysis but said that wasn’t his concern. 

He said his ruling was based only on the lawfulness of the automatic stay. 

Grant Friedman of ACLU Nebraska foresees continued legal challenges and noted that the ICE no-bond practice already is being challenged in a separate national class action lawsuit. He said ACLU and other advocates are on heightened alert.

“The immigration landscape is rapidly changing,” Friedman said. “We are doing everything we can to make sure people are being treated fairly, that they have their rights respected.”

Anne Wurth, associate legal director of the Center for Immigrant and Refugee Advancement, which has assisted many Glenn Valley workers, called the current landscape “absolute chaos.”

 “We have a system that is punishing individuals we rely on in our workforce and who are just humans who deserve to live their life with freedom,” she said.

* * * 

Juarez said dealing with immigration-related matters was not something she expected as a state officeholder. She’s the first Latina in the Nebraska Legislature and is serving her first year as a state lawmaker.

A Democrat in the officially nonpartisan Legislature, she recently clashed over immigration policy in an email exchange with former Nebraska governor and now U.S. Sen. Pete Ricketts, R-Nebraska, and plans to urge the state’s all-GOP congressional delegation to push for immigration reform. She toured the  McCook jail after leaving North Platte, and vows to monitor the conversion and amplify related budget discussions. 

“There’s no doubt I’m going to stand up,” said Juarez. “My community expects that.”

For Ramirez Jacinto, each day in detention brings worry. Is his daughter able to sleep yet? Are the house bills paid? Will his family in Omaha go with him if he’s deported? How will they escape the violence?

“I’d like my family to stay, but who would work?” said Ramirez Jacinto. “I’m the worker.”

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