Introduction: A Homecoming Turns Into a Nightmare
Imagine returning home after a necessary and emotional trip only to be locked up indefinitely, missing the monumental birth of your first grandchild. This is the harrowing reality for Eva Mendes, a 48 year old mother of six and a lawful permanent resident of the United States since she was just eight years old.
Mendes who holds a 40 year Green Card was detained by U.S. Customs and Border Protection (CBP) agents at Boston Logan International Airport on November 5th upon returning from visiting her mother in Cape Verde after a sudden family loss.The reason for the detention? An alleged misdemeanor charge a minor offense dating back some 20 years ago.
Her case which her attorney describes as an example of “unlawful immigration abuse” and “unconstitutional depravity,” has thrust the spotlight onto aggressive new policies by the Department of Homeland Security (DHS) that threaten to uproot longtime legal immigrants over petty, decades old crimes.
The Detention Timeline. Two Weeks Counting
Eva Mendes’s ordeal began immediately upon her arrival at airport.
- November 5.Detained by CBP at Logan Airport after they flying back from Cape Verde.
- 12 Days Held. She was initially held in unsuitable conditions at airport. During this time grandmother tragically missed the birth of her grandchild.
- Transfer: She was later transferred to the Cumberland County Jail in Portland, Maine per ICE records.
- No Formal Charges: As of the time of reporting her attorney states that no formal written charges have been provided detailing why she remains in detention.
According to her attorney Todd Pomerleau, federal officials do not typically detain a Green Card Holder for petty offenses. The standard procedure would often be to release the individual pending further removal proceedings while holding onto their green card. Yet Mendes, a tax paying resident of Rhode Island and a contributing member of her community, has been denied her liberty.
Attorney Todd Pomerleau: “She’s had a green card since she was in like first grade and has been living here her whole life. This is unconscionable. There’s no legal justification for doing this to her.”
The Legal Context: Old Misdemeanors and Deportation Risk
The confinement of Mendes highlights critical and alarming shift in immigration enforcement. Her attorney confirms that CBP detained her due to her criminal history and past convictions to primarily an old pilfering charge (misdemeanor) from two decades prior.
Why is DHS Treating Minor Offenses as Grounds for Detention?
- Broadening Scope: The DHS has begun to interpret old minor offenses as sufficient reasons to detain and potentially initiate removal proceedings against lawful permanent residents.
- Losing Discretion: Traditionally, federal officials exercised discretion for longtime residents with minimal nonviolent criminal records. That discretion appears to be drastically reduced.
- Due Process Concerns: As Pomerleau argues, the lack of clear written charges and the prolonged detention of a nonviolent longtime resident is a clear failure of due process.”Liberty’s the norm not the exception in the United States, for green card holders.”
The argument of Mendes’s legal team is that her detention IS based on an old nonviolent offense has no legal justification and constitutes an excessive and unwarranted deprivation of her freedom.
What Happens the Next?
Eva Mendes is currently awaiting a court hearing to address her status and challenge her ongoing detention.
- The Goal.Attorney Todd Pomerleau is urgently calling for her release and arguing that she is not a flight risk or a danger to the community and there is no basis for mandatory detention.
- Family Support. Her family has established GoFundMe page to cover the immense legal fees similar with fighting the removal proceedings.
- DHS Silence. The Department of Homeland Security has to provide further details or public justification for holding longtime resident.
Her case is a powerful example for every longtime legal immigrant that a distant misdemeanor can suddenly become a trigger for ICE detention and potential deportation risk.
Also Read: Why Democratic Veterans Are Urging Troops to Refuse ‘Illegal Orders’
Call to Action
The fight for Eva Mendes’s due process and release is ongoing.
- Share Her Story. Help raise awareness about the rights of Green Card Holders and the critical need for immigration justice by sharing this article.
- Know Your Rights. If you are a lawful permanent resident with any past criminal record, however minor consult an experienced immigration attorney before traveling outside the U.S.
Disclaimer
This article provides reporting information based on the publicly available details of the case of Eva Mendes statements from her attorney and the general legal context surrounding Green Card holders and immigration enforcement.