Draper man says parents, sister were trying to normalize migratory status when detained by ICE

DRAPER — A Draper man is pleading on behalf of his parents and sister, lamenting their surprise detention by immigration authorities late last month in Arizona for what was supposed to be a short family getaway.

Juilian Rincon, a naturalized U.S. citizen originally from Colombia, says his sister, Daniela Rincon, and parents, Clara Avellaneda and Henry Rincon, had work permits. Living in Herriman but also from Colombia, they were taking steps to normalize their migratory status when detained by Immigration and Customs Enforcement officials at Sky Harbor International Airport in Phoenix in late August on arriving via a flight from Salt Lake City.

"I understand ... they don't have any status at this moment because the immigration process is going on," Julian Rincon said Wednesday. "But still, if you're going through an immigration process, why are you detaining people that are doing everything, that are following the legal path to legalize themselves, you know?"

The three are being held at the Eloy Detention Center in Eloy, Arizona, online federal detainee records show, additional examples of the federal government's ongoing immigration crackdown. In a statement, the Department of Homeland Security said Immigration and Customs Enforcement officials arrested the three on Aug. 26, labeling them "illegal aliens from Colombia."

Daniela Rincon entered the United States on May 2, 2017, with permission to say until Dec. 30, 2020, while her parents arrived on Aug. 25, 2019, with permission to remain until Jan. 29, 2023.

"Against our nation's laws, each of these individuals failed to depart when their permission to be in the United States ended," the DHS said.

For his part, Julian Rincon is trying to muster awareness about their cases and support for his family members, financial and otherwise, as they maneuver through immigration court and fight for release. An immigration judge denied bond in the cases of Rincon's sister and dad but has allowed his mom to be released, though Rincon doesn't yet have the $12,500 needed to get her out on bond.

"It's unfair that you're doing the process correctly, following the rules, following the law, and instead, they detain you because they're just trying to meet quotas," he said, alluding to reports that immigration agents are pressured to detain a set number of immigrants per day, week or month. Rincon, a ramp agent at Salt Lake City International Airport, has hired a lawyer to assist in the efforts.

The DHS, however, challenged the notion that a pending immigration petition is enough to forestall action by immigration authorities.

"To be clear, a pending claim does NOT confer legal status in the United States. Each of these illegal aliens will remain in ICE custody pending the outcome of their removal proceedings," the agency said.

'We are hardworking people'

Initially, the administration of President Donald Trump had said the focus of his government's immigration crackdown would be on immigrants in the country who have committed the most serious crimes. They pose a danger to the country, federal immigration officials maintain, and sap public resources.

Immigrant advocates, though, maintain that many detainees, even if they're in the country illegally, are otherwise law-abiding and productive people. They maintain that the crackdown has gone too far, and Rincon defended his sister and parents. All four in the family initially entered the United States on student visas: Rincon and his sister in 2017, and his parents later on.

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Federal officials, for their part, maintain that Henry Rincon and his wife and daughter overstayed their visas even if they legally entered the United States, according to Rincon. Rincon, though, stressed the efforts they were taking to fix their migratory status.

Rincon was able to pursue U.S. citizenship through his American wife and was petitioning on behalf of his parents in their efforts to secure U.S. residency, a process that was pending. His sister was pursuing an asylum request based on conditions in Colombia.

None has faced criminal charges, a review of online Utah court records show. His dad and mom run construction and cleaning companies, Rincon said, and they and his sister have work permits, which, in his mind, should be enough to allow them to remain as their petitions with immigration authorities proceed.

"My hope is that they get released because they're following the process. They're following the legal procedure for you to stay here in this country. They aren't criminals. We aren't criminals ... and we are hardworking people," he said. "The only sin of my parents and my sister is waiting for the immigration process to go through. It's been a long wait."

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