The Waco Immigrants Alliance said it is furious after learning that a detained immigrant was taken into custody by Immigration and Customs Enforcement.
For months, the group had been advocating for Estella Fajardo after she claimed a female guard sexually assaulted her at the Jack Harwell Detention Center.
Fajardo was supposed to appear in court Tuesday, but the court date was canceled. The Waco Immigrants Alliance said the McLennan County District Attorney Office stole her day in court.
The group said it was upset to find out that Fajardo was released from jail and handed over to ICE.
"We're just all completely blindsided by this,” said Hope Mustakim with the Waco Immigrants Alliance. “Even Estella, she's just distraught and terrified. We're still fighting this. We are just really disgusted with the DA's office and the way this has been handled by the whole county.”
Fajardo has been in jail for almost three years for burglary of a habitation and engaging in organized crime. Her lawyer said she refused to sign a personal recognizance bond, so the district attorney’s office gave the PR bond to a judge.
"Once that PR bond was signed and ordered, that releases her from the jail and that’s how she ended up in detention with ICE,” said attorney Gerald Villarrial.
Villarrial said soon she could be deported back to Mexico, but for now ICE took her to Pearsall, Texas.
"I was caught off guard. I found out this morning when I was in court to announce on this particular case," said Villarrial.
Fajardo said a female guard sexually assaulted her at the Jack Harwell Detention Center. The McLennan County Sheriff's Department said their investigation determined that claim wasn't true.
The Waco Immigrants Alliance said it plans to hold a press conference on Monday .
"We want her to stay," said Mustakim. “This is where the community comes in to play, everyone who knows her. We need letters of support for her."
Fajardo's attorney said it is now up to an immigration lawyer to file an emergency stay of removal in order for Fajardo not to be deported back to Mexico.
District Attorney Abel Reyna released the following statement to KCEN Channel 6:
“The State of Texas was ready to proceed on December 11th. Unfortunately, due to the court's scheduling, we were without a judge and courtroom to try the case in. We are confident in the merits of this case and were disappointed that the trial was postponed. However, as the case is still pending, it would not be appropriate to comment further."