ICE arrests 23-year-old UC Berkeley student and asylum seeker at San Francisco airport

A 23-year-old University of California, Berkeley student seeking asylum in the United States has been detained by Immigration and Customs Enforcement (ICE) at San Francisco International Airport, triggering concern among university officials, classmates and immigration advocates.

Paula Valentina Albornoz Hernandez was waiting to board a flight to Portland with her boyfriend on Friday when ICE agents approached her and took her into custody. She is currently being held at the agency’s California City Detention Center. Her arrest is believed to be the first detention of an active UC Berkeley student by ICE since the Trump administration launched its mass deportation drive last year, according to attorneys representing her and a university spokesperson.

Albornoz Hernandez arrived in the US from Colombia in 2022 and later applied for asylum, citing severe gender-based violence in her home country, said Niko De Bremaeker, a managing attorney at Centro Legal de la Raza. Her application remains pending. Although she had overstayed her visa, she held a valid work permit and had no criminal record or previous arrests, her attorney said. A business administration student, she previously attended San Jose City College before transferring to UC Berkeley, where she was also conducting research on artificial intelligence.

Airport arrest sparks legal challenge

Her boyfriend, Anthony, said the couple had arrived early at the airport for a weekend holiday when an ICE agent in plain clothes approached her and asked her name. According to Anthony, the agent initially guessed several names before correctly identifying her. Once she confirmed her identity, agents separated the couple and informed her that her visa had expired and she would be detained.

“It was scary seeing that my partner was getting ripped apart from me and there’s nothing I can do about it,” Anthony said. She spent most of the weekend at Stockton Detention Center before being transferred to California City, a facility that has faced scrutiny over its medical care for detainees.

The Department of Homeland Security confirmed the arrest, saying she had entered the country legally on September 6, 2022, with permission to remain until March 6, 2023, but had failed to leave. The department said she would receive due process and remain in ICE custody pending removal proceedings. It also maintained that a pending asylum application or work authorisation does not confer legal immigration status. However, her attorneys have challenged the legality of her detention. In a habeas corpus petition filed in US District Court on Monday, Centro Legal de la Raza argued that ICE violated federal law and constitutional protections by detaining her without presenting a warrant or assessing whether she posed a flight risk.

The petition seeks her release and asks the court to prevent further detention unless the government establishes that she poses a flight risk or a danger to the community.

UC Berkeley chancellor backs student

UC Berkeley Chancellor Rich Lyons has also expressed concern over the detention, describing Albornoz Hernandez as one of the university’s outstanding students. In a letter supporting her legal petition, Lyons said her detention could disrupt the academic progress she had worked hard to achieve.

“I respectfully request that you make it possible for Paula to resume her studies with us,” he wrote. Her classmates and friends have also rallied behind her, contacting professors to explain her absence and help ensure she does not fall behind academically. Anthony described her as a determined and hardworking student who had long dreamed of studying at UC Berkeley. The couple had planned the Portland trip as a brief break from her demanding academic schedule, hoping to explore the outdoors and go hiking.

“She always talked about Berkeley and how she wanted to get in,” he said, recalling her determination to pursue higher education. Now, he said, his focus is on securing her release and ensuring she can return to the university. Albornoz Hernandez is scheduled to appear before an immigration court on November 17. Her immigration proceedings are separate from the federal legal challenge to her detention.