Phoenix immigration judge denies asylum for mom of 5 who fears cartel will kill her in Mexico

A federal immigration judge in Phoenix denied asylum to a woman after finding she had credible fears that she would be killed by a drug cartel if she returns to Mexico.

The woman and her five children are seeking asylum protections in the U.S. after she received death threats from a cartel active in Mexico, according to a summary of proceedings recited by Judge John Cortes.

Cortes said he found the woman’s testimony credible after she told the court she had been in an abusive relationship with a “sicario,” a cartel hitman. She also said the cartel employed other members of her family.

According to Cortes, the woman fled her home in Mexico after the same cartel threatened her life if she did not repay money her partner owed the criminal organization.

But Cortes denied the woman’s asylum claim, citing federal law that denies asylum protections to people who have provided “material support” to terrorist organizations or terrorist activity.

Cartel's terrorist designation

In February, the Trump administration designated eight foreign gangs as terrorist organizations, including the cartel that threatened the woman’s life.

Cortes said he found that the woman did not qualify for asylum under the law, because the woman had testified that, while still in Mexico, the cartel had threatened to kill her if she did not call a number to warn them ahead of time if the Mexican military had entered the area. KJZZ is not identifying the woman because she said she’s in fear for her life.

She admitted that she called the number on one occasion and a gun fight between the cartel and members of the Mexican military ensued, the judge said.

Cortes acknowledged the woman said the incident occurred years ago, well before Secretary of State Marco Rubio declared the cartel a terrorist organization. But he said her actions supported terrorist activity, because they helped a cartel ambush the Mexican military.

The judge also denied asylum for the woman’s five children, finding they did not qualify for protections under the law. The judge cited a law stating that asylum seekers must establish that they were persecuted due to “race, religion, nationality, membership in a particular social group, or political opinion.”

Cortes said that though the woman and her children had faced violence and death threats, they did not qualify as a member of any of those protected groups.

Cortes suggested that, when she returns to Mexico, the woman should move to an area not controlled by the cartel that threatened her. Though, earlier in the hearing, he acknowledged the cartel had a pervasive presence through the country.

He also suggested she contact federal or state prosecutors in Mexico if she continued to face threats of violence.

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'Real legal claims'

Jessica Cadavid, an immigration attorney who watched the hearing, said the judge’s justification was an example of the way the Trump administration’s immigration policies have made it increasingly difficult for asylum seekers fleeing violence to qualify for safe haven in the U.S.

“Asylum laws are laws that allow people when they are afraid, when there is war, when there are problems in their country, when they are suffering, when they have real legal claims,” Cadavid said.

She argued that the way Cortes’ used the anti-terrorism statute will make it virtually impossible for residents and business owners who live in areas controlled by cartels to seek asylum, because many are forced through violence to pay for protection or provide other financial support to cartels.

The hearing took place in the U.S. Immigration Court in Phoenix as protestors gathered outside.

The protests were held in response to Immigration and Customs Enforcement officers who had detained dozens of asylum seekers outside of their scheduled court hearings over the course of two days this week.

Advocate Beth Strano with the Borderlands Resource Initiative said they witnessed over 20 people detained by masked ICE officers outside of the court house on Wednesday, including several children.

Cadavid, the immigration attorney, said those people had followed the proper process to request asylum. However, she said prosecutors asked judges to dismiss those active cases.

Immigration attorney Lindsay Toczylowski said a similar process has played out at immigration courts in Los Angeles, writing on social media that federal attorneys were asking to dismiss the cases of people who have been in the country for less than two years.

“By arresting them post-dismissal they will now try to put them in expedited removal proceedings and move towards deportations at lightning speed,” she wrote.

Cadavid said that puts asylum seekers in an impossible situation. They can either show up to their hearing, as the law requires, and potentially face deportation. Or they can skip their court date and face deportation for that violation.

“So all avenues are leading to deportation when you do have a real, legal claim,” she said. “These people came through a real legal process,” she said.

Democratic lawmakers, Hobbs decry courthouse ICE arrests

The arrests outside of the courthouse drew condemnation from Democratic officials and immigrant rights advocates.

“This is not immigration enforcement. This is government-sponsored trauma. It is fear-based governance that tears families apart and silences entire communities. These actions go against the principles of due process, human dignity, and democracy,” said Rep. Quantá Crews in a statement sent out by Democrats in the Arizona House of Representatives.

Several of those lawmakers sat in on immigration court hearings after ICE began showing up at the court house, including Sen. Analise Ortiz, Rep. Lorena Austin and Sen. Lauren Kuby. Phoenix Councilwoman Anna Hernandez, a former state senator, also attended hearings.

Gov. Katie Hobbs, who has previously said she was willing to work with the federal government on some border and immigration enforcement, criticized the Trump Administration for targeting people who are following established asylum laws.

“Donald Trump promised to deport criminals and secure the border, and that's not what this is, and people who are following the rules shouldn't be penalized for following the rules,” Hobbs said. “That's not going to keep us safe.”

Hobbs said she was requesting more information from the Department of Homeland Security.

Camryn Sanchez contributed to this report.

EDITOR'S NOTE: This story has been updated to correct that Analise Ortiz is a state senator.