Wisconsin woman and son detained in ICE facility as Supreme Court overturns migrant protections

A Wisconsin woman and her son are being detained by U.S. Immigration and Customs Enforcement in a Texas facility with a history of poor conditions. 

Diana Socha Torres is originally from Colombia but has been living in the Wisconsin Dells, seeking asylum because of violence in her home country. 

Marc Christopher is an immigration attorney representing Socha Torres. On WPR’s “Wisconsin Today,” he said immigration court changed the date of a court hearing and she failed to appear because she wasn’t aware of the change. 

“The immigration courts, especially now, are changing dates very frequently,” Christopher said. “And they do so sometimes with little or no notice … It’s very plausible that someone would not be aware of or could miss their court date.” 

In April, after she missed the hearing, ICE issued a deportation order for Socha Torres. 

ICE detained Socha Torres and her son in the Wisconsin Dells this week and sent them to the Dilley Immigration Processing Center in south Texas. 

“The conditions are quite depressing,” said Erin Barbato, director of the Immigrant Justice Clinic at the University of Wisconsin Law School. “You’re in a confined situation. We’re putting children in jail-like facilities and I think that we’re forgetting they’re children.” 

Barbato has been to the Dilley facility during the Biden Administration. At the time, Barbato said she heard from detainees that they had concerns about overcrowding and limited access to food, water and medicine. 

In a statement to WPR, ICE said Socah Torres chose to return to Colombia with her son.

“Being in detention is a choice,” the statement read. “Parents can take control of their departure with the CBP Home app and reserve the chance to come back the right legal way.”

Christopher said it’s untrue that she’s choosing to return to Colombia. 

“She wants to remain in the United States,” he said. “She’s got a real and legitimate fear of returning to Colombia with her son, and that’s indicated by the fact that she’s followed every procedure. She’s filed her asylum application on time.” 

Christopher said the Trump Administration’s move to detain migrants in facilities outside of Wisconsin makes his work as an immigration attorney much more difficult. He said he’s had clients transferred from Wisconsin to facilities as far away as California, Arizona, Texas and Kentucky.

“I have to arrange conference calls or televideos with poor sound quality, or sometimes they’re in part of the jail where other people are in the background,” Christopher said. “I don’t even have the ability to have them speak to me with any level of confidence or confidentiality. It’s extremely, extremely difficult.” 

Next, Christopher said Socha Torres’ case is going before a judge who will determine whether her missing that court date was reasonable. In the meantime, she and her son will remain in ICE custody. 

Supreme Court TPS, asylum rulings put more Wisconsin immigrants at risk of deportation

Socha Torres’ detention came days before the U.S. Supreme Court ruled that Trump could revoke Temporary Protected Status for Haitian and Syrian migrants and could turn asylum seekers away at the border. 

Barbato said the rulings indicate that the nation’s executive branch holds significant power over American immigration policy, regardless of whatever laws or legal interpretations are traditionally on the books.

“Now we’re seeing that most people will not even be able to access the process of applying for asylum in the United States, because it will be impossible, eliminating the ability for someone to apply when they arrive at the southern border,” she said. “There are significant concerns about human rights and access to asylum laws in the United States for people around the world who are in need of refuge.” 

Christopher represents many Haitian refugees in Wisconsin. He said the court’s ruling will have a significant impact on his clients, with them likely being forced to return to their home countries with little notice or evidence that conditions there have improved after natural disasters or violent conflict.