WASHINGTON — Federal immigration officials are moving to expeditiously deport an Arizona woman who has resided in the United States for nearly three decades. This case, referred to by her legal team as a significant challenge to federal law, contends that long-term immigrants must have their day in court before removal.
Mirta Amarilis Co Tupul’s attorneys filed a lawsuit on Saturday in U.S. District Court in Arizona, seeking an immediate halt to her planned deportation to Guatemala, which they argue is unjust. “Only this administration would go this far,” said Chris Godshall-Bennet, Co Tupul’s lead attorney, highlighting what he perceives as a blatant disregard for due process and the rule of law.
The actions against Co Tupul, her legal team asserts, are part of a broader pattern involving the Trump administration’s aggressive efforts to expel immigrants. If her removal proceeds, it could set a troubling precedent for millions of other long-standing residents at risk of deportation.
The lawsuit targets several key figures, including Homeland Security Secretary Kristi Noem, U.S. Attorney General Pam Bondi, Acting ICE Director Todd Lyons, and the director of the Phoenix ICE Field Office, John Cantu. As of now, the Department of Homeland Security has not commented on the situation.
Under federal law enacted in 1996, immigrants living in the U.S. for less than two years can face expedited removal proceedings. Legal experts argue that the current administration is stretching this legislation to apply to individuals like Co Tupul, who has lived in the country for decades. “They are going to start going around, grabbing people who have been here for decades and throwing them out without immigration court hearings,” noted Eric Lee, another attorney representing Co Tupul.
Co Tupul, 38, a single mother with three children who are U.S. citizens aged 8, 16, and 18, was stopped by a believed U.S. Customs and Border Protection agent while driving to work on July 22. After declining to answer questions about her immigration status, she was taken into custody and transported to the Eloy Detention Center, about 65 miles southeast of Phoenix.
Following her detention, Co Tupul’s attorney, Mindy Butler-Christensen, learned that her client had been placed in expedited removal proceedings, with an anticipated removal timeline of one to three weeks. During a conversation with a deportation officer, Butler-Christensen was informed that this direct action stemmed from a “new policy” regarding immigrants who encounter ICE agents for the first time.
Immigrants facing standard deportation proceedings are typically entitled to expedient hearing before an immigration judge, as well as the right to appeal. However, expedited removal bypasses this process, allowing no avenues for appeal, with the only recourse being an asylum screening. Initially limited to those apprehended at ports of entry, this expedited process expanded significantly during the COVID-19 pandemic and has now applied to individuals in the U.S. for under two years.
In January, the administration altered its approach, extending the reach of expedited deportation to include individuals arrested anywhere in the nation, though still stipulating the two-year requirement. The change was characterized in official communications as restoring the expanded scope of expedited removal authorized by Congress.
Co Tupul’s brother has compiled extensive documentation supporting her claim of residency since 1996, including affidavits from family and friends. Despite the evidence, ICE officials have insisted that Co Tupul’s summary removal will proceed due to her initial refusal to disclose her immigration status.
Her 18-year-old son, Ricardo Ruiz, expressed the emotional toll of their situation, noting that his mother had anxiously anticipated an ICE raid. He now faces the challenge of supporting his family without her presence, as she typically contributed to their household.
Ruiz lamented the unfairness of the situation, asserting that his mother possesses the qualities of a dedicated and law-abiding citizen. “I just don’t think she deserves this,” he said, reflecting the family’s dismay over her potential deportation.
As classes commenced in the new school year, Ruiz took on the responsibility of dropping off his younger siblings for the first time, a poignant reminder of his mother’s absence at a crucial moment in their lives.
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