Ecuadorian Woman Challenges ICE Ankle Monitor Requirement

Chantal Alejandra Morales Rojas, a 27-year-old woman from Ecuador, has filed a legal challenge against Immigration and Customs Enforcement (ICE). The case gained national attention after her arrest at Denver International Airport. Morales Rojas is contesting ICE’s decision to require her to wear an ankle monitor after being released on bond.

Her amended petition for a writ of habeas corpus was filed in U.S. District Court in Colorado. It argues that ICE imposed an ankle monitor and other supervision requirements without legal authority. This occurred after an immigration judge ordered her release without additional conditions.

The incident began on July 20, when Morales Rojas was arrested by ICE while attempting to board a flight from Denver to Oakland. Her detention was part of a broader effort by the Trump administration to detain suspected visa overstayers using airport operations.

Legal Arguments and Challenges

While electronic monitoring is common in some immigration cases, Morales Rojas’ attorneys argue that ICE overstepped by mandating the ankle monitor. The case could examine the limits of ICE’s authority in imposing post-release supervision.

Public interest has been significant, with a GoFundMe campaign raising over $137,344 to support her. However, neither the Department of Homeland Security nor her legal team has commented further.

Background and Arrest

Morales Rojas, a native of Ecuador, arrived in the U.S. on a J-1 visa for an au pair program in early 2023. Court records indicate she adhered to immigration laws and was legally present when arrested.

On July 16, she traveled from Oakland to Denver to care for a previous employer’s children. After passing through TSA checks on July 20, an ICE officer issued a Form I-200 arrest warrant. She was detained after scanning her boarding pass.

Her Notice to Appear charged her under immigration laws applicable to those overstaying their visa. However, her petition contests the allegation, asserting her J-1 authorization lacked a fixed end date.

Post-Arrest Developments

Morales Rojas was held at a detention facility in Aurora. On July 28, a judge granted her release on bond without further conditions. Despite this, ICE required her to wear an ankle monitor, report to a San Francisco ICE office, and join its Intensive Supervision Appearance Program (ISAP).

Her attorneys claim these measures are ongoing restraints and equate to ‘constructive custody,’ infringing on her liberty, despite the judge’s bond order.

The petition asserts that ICE’s actions violated her due process rights, maintaining restrictions post-release. The agency is yet to officially respond in court.

A statement from an ICE spokesperson noted Rojas overstayed her visa, which was due to expire in early 2025. The court has yet to rule on her claims. U.S. Magistrate Judge Timothy P. O’Hara has ordered federal officials to justify their actions by September 10, with a reply from Morales Rojas due by September 15.