A couple from Venezuela who live in Southeast D.C. have been released after they were arrested and held for three days by the U.S. Marshals Service for illegally entering the country more than two years ago. The charge comes despite the two being granted protection from deportation.
“The parents were returning home from work, and when they arrived at their place of residence and they got out of the car, Customs and Border Protection, CBP, was waiting outside for them and arrested them right in front of their children,” said Amy Fisher, director of refugee and migrant rights at Amnesty International USA.
Fisher said the detention of the 27-year-old husband and the 34-year-old wife was illegal because both had Temporary Protected Status, which should protect them from deportation.
A source tells WTOP that while TPS protects people from deportation, it does not protect them “ from prosecution for commission of a crime,” which the couple, who had “known ties to Tren de Aragua and outstanding warrants for arrest” were arrested for.
The couple tried to show the enforcement agents their documents but were arrested anyway, Fisher said. After being detained in a D.C. jail, the couple was transferred into custody of the Immigration and Customs Enforcement, which Fisher said is illegal to do to people under a TPS designation.
“The dad of the family previously was part of the government in Venezuela, and due to his political opinions, they had to flee because of the political repression, arbitrary detentions and real severe human rights conditions in Venezuela,” Fisher told WTOP.
In 2021, the Biden administration granted TPS for Venezuelans. However, on Feb. 1, Secretary of Homeland Security Kristi Noem terminated the status.
Lawsuits surrounding the decision continue to make their way through the courts.
According to court documents reviewed by WTOP, the couple — who asked to only be identified by their middle names of Cesar and Norelia — were charged on Feb. 27 with “illegal entry” in federal court in Texas.
The documents claimed both entered the country illegally in October 2022, approximately 1.22 miles west of the Paseo del Norte Port of Entry.
“I think this is really a new, unprecedented use of the law for somebody that, obviously, they have Temporary Protected Status, they have asylum claims pending, and they’ve been in the U.S. for two and a half years,” Fisher said.
WTOP has contacted U.S. Customs and Border Protection for comment.
Fisher said the couple lived in D.C. for some time — Cesar works in food delivery and as a house cleaner and Norelia also cleans houses, according to Fisher.
“They are working legally. They have work permits, and really just doing everything that they can to put down roots in the city and build a better life for themselves and their family,” she said.
The couple was released Thursday afternoon, according to Fisher. But since the charge remains, they will need to appear in a Texas court in the coming weeks. In the meantime, Fisher said they are glad to be back with their three children.
“The family is just really excited to be able to get home and celebrate their child’s birthday and celebrate being reunited together,” she said.
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