Lawsuit Planned Over ICE Ankle Bracelet

DALLAS (CBSDFW.COM) – Maribel Arellano still cries when talking about the ankle bracelet she had to wear until recently. “It’s not good for me or my kids, I’d cry.”

Arellano is awaiting deportation.

Her advocate says last February, ICE ordered her to wear an ankle bracelet because she didn’t comply with all of the agency’s requests.

Ralph Isenberg says he was outraged because Arellano has seven children, all of who were born in the United States, and says Arellano isn’t a flight risk and hasn’t been convicted of any crime. “That’s not the purpose of ankle bracelets. Ankle bracelets are to make sure you’re not a flight risk. It’s cruel and unusual punishment.”

So Isenberg fired off a complaint to ICE, and last week he says the agency removed Arellano’s ankle bracelet… and told her she didn’t have to report to the office for six months.

“There’s no consistentcy,” says Isenberg.

An ICE spokesman denies the ankle bracelets are used to punish people. He says they are preferable to an alternative: detention.

Richard Roper is the former U.S. Attorney in the Northern District of Texas. He says ICE is “in a tight position.”

Roper defends ICE’s policy of using ankle monitors, saying in many cases the bracelets allow those awaiting deportation to stay at home instead of being locked up.

In Arellano’s case, Roper says it’s clear that Isenberg’s complaint led ICE to change its mind about Arellano. “Actually they exercised greater discretion after hearing her side of the story, and decided to remove the ankle bracelet. The question is did they give her due process, and the answer is yes.”

Still, Isenberg says he’s going to file a federal lawsuit against ICE for placing the ankle bracelets on Maribel and others who, while here illegally, aren’t convicted criminals.

For now, Arellano is just glad to have the monitor off her leg. “I was so happy. I was jumping. Thank you God, thank you Ralph.”

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  • darrell

    it never ceases to amaze me at the number of supposedly intelligent people who fail to understand what the word “Illegal” means. the woman should be deported immediately, isenberg should have his license to practice law revolked. then again i rate child molesters higher than i do lawyers.

  • Joe

    What a silly story, but about par for CBS 11. If people would obey the law they wouldn’t have to deal with stuff like this. I don’t want to go to jail or wear an ankle bracelet so I don’t break the law.

  • Jena

    @darrell: REALY?!?!?! Child molesters above lawyers? How about all the child molesters move to your neighborhood then. He’s an attorney with a client. He was hired to speak on his clients behalf and did. ICE ultimately made the decision to let her take the bracelet off.

  • Nic

    I’m thinking a person who says they esteem child molesters above lawyers must be a child molester himself or maybe enjoyed being molested. wow.

    • darrell

      who said anything about “esteem” when it came to child molesters? love the way some people IMPLY opinions about others. child molesters are evil and true predator, not one of two kids having consentual sex, once convicted should be held until there is a group of say 6. then you set up your gallows in front of the court house, have vendors with T-shirts, snacks etc and make an event out of it. then you hang them.
      lawyers on the other hand will defend that child molester, attempt to discredit and disgrace the victim, manipulate the system and fight to put the molester back on the street to do it again. even if he loses he will appeal looking for any wild possibility to fault the system or the victim to set that molester free.

  • Bookin Number 11072499

    Good grief, I was held in jail for 12 days before I was ever convicted of any crime, simply because I couldn’t make my full bail or reach my attorney through the jail’s collect-call phone scam (the phone set-up wouldn’t recognize his button push and allow him to accept the call) and I wasn’t allowed to post the 10% with the money I did have available… it was just a misdemeanor traffic offense, BTW. I only WISH they would have allowed ME to wear an ankle monitor and stay at home while I awaited my trial. Oh, but I’m a US citizen! I don’t get the same privileges as an ILLIEGAL IMMIGRANT!!

  • Chris

    This woman is a criminal and should be treated as such…

  • NiteNurse

    Martha Stewart one of the richest women in the world had to wear an ankle bracelet after she left federal prison. She simply sucked it up and did it. It’s not killing you physically and you did break law. So just wear it.

  • BornFreeAmerican

    What part of illegal don’t you people understand??? Illegal = Criiminal !!

  • Rick McDaniel

    This voter is totally done with sympathy for illegal immigrants. Totally done with that.

    There is zero justification to extend sympathy to people who have knowingly broken our laws, for years.

    She is lucky…..that the Democratic “welfare” Party, is standing in the way of the states taking action to stop this problem.

  • Eric Williams

    All of us need to wake up today they are illegal tomorrow they have your job, first off she should wear one for coming here having seven babies then committing crimes, I’m blk person I’m really taken back on how easy all these illegals have it, my parents couldn’t eat eat in a diner now every illegal in the state can sit down next to you with there seven kids eating on money they got from the government at the best eateries in town. All these jobs they say we don’t want in America seems we don’t really have a choice, they get hired then either get you to hire other family members where they end up controlling you since all your workers are somehow related and you can’t make one mad without the others quitting. lawn work you rich people with your nice yards with all the illegals working in it, are sizing you up and trust me they’ll be back as soon as something happens to them and steal rob or rape your family. Look what happened in Carrollton and he was a friend of the family. Stabbed her in the chest for what? I grew up blk and always strived for a better life for my kids only to see this trend in America wake up people your the problem STOP EMPLOYING ILLEGALS,

  • K. Ingram

    Its so nice to see others who feel the way I do. I am sick of hearing illegals complain and whine about what they “don’t” get. They get welfare, food stamps, medical, help with college tuition for their kids, no social security taxes, no taxes period. And they complain about it and say they deserve more. Excuse me!!! I don’t even qualify for any kind of assistance for my college tuition. Why?? Probably because my last name isn’t Lopez or Hernandez. To be honest, I am so sick of this country bending over backwards for these people. Yes, I said “these people”. Go home (Mexico) or stop complaining.

    • Proud Mexican American

      K. Ingram I hate to break it to you, but Illegals are not only from Mexico. They come from all over the world. Everyone coming for the American Dream, unfortunatly like in any race you have the bad ones and you have the good ones. Wake up it’s not only illegals on welfare its also lazy AMERICANS (Black,White, Second or more generation Hispanics) that know how to abuse the system. Guess what’s that’s called a BROKEN SYSTEM!! Immigration is a huge problem in our country, and I am a realistic person this wil always be a problem. My point is Maribel doesn’t have a criminal record, and in the report they said the ankle bracelet is intended to be used for such.

      Just my thoughts.

  • generalno

    The worst of this story is we allowed her to drop an entire litter of “citizens” before taking even this feeble action. She now should be fined $100,000 per child and tossed unapologetically into the slamme. After five years per “citizen,” she should be deported.

    • darrell

      oh it gets even worse. there are expected to be 500,000 anchor babies born in this country this year. total cost to taxpayers for these economic terrorists just in having them alone will be over 5 billion dollars. thats just the cost of having them.

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