Paula Valentina Albornoz Hernandez, a 23-year-old UC Berkeley student from Colombia, was detained by Immigration and Customs Enforcement (ICE) agents at San Francisco International Airport on October 30 as she was preparing to depart for a vacation with her boyfriend. She remains in ICE custody pending removal proceedings.
According to the Department of Homeland Security (DHS), Hernandez entered the United States on September 6, 2022, with authorization to stay until March 6, 2023. DHS stated that she did not depart and therefore lacks legal immigration status, classifying her as an "illegal alien." A DHS spokesperson indicated that the agency has reversed a policy that allowed individuals without legal status to travel domestically, asserting that such individuals will no longer be permitted to fly within the U.S. unless returning to their home country.
Hernandez's attorneys argue that her arrest was unlawful, contending she has been compliant with the asylum process. They stated she filed her asylum application before her deadline, attended biometrics appointments, and received a work permit. Nikolas De Bremaeker, managing attorney at the Alameda County Immigration Legal and Education Partnership, described the arrest as "unlawful and unconstitutional."
Hernandez fled Colombia due to persecution based on her gender, according to her petition for a writ of habeas corpus. She is reportedly pursuing a bachelor's degree in business administration at UC Berkeley and was interning for an artificial intelligence company. Supporters, including UC Berkeley Chancellor Richard Lyons, have voiced their support for Hernandez, emphasizing her lack of criminal history and her role as a valued member of the campus community. Lyons stated that the university is providing support to help her return to her studies.
Her boyfriend, Anthony, told KTVU that ICE agents approached Hernandez, engaged her in conversation, and then detained her after she confirmed her identity. He expressed distress over her detention, stating, "I’m feeling sad, I’m feeling angry. I’m feeling overwhelmed that she’s in there and I’m out there."