An Ecuadorian woman, Chantal Alejandra Morales Rojas, is challenging a decision by Immigration and Customs Enforcement (ICE) that requires her to wear an ankle monitor after her release on bond. This legal challenge follows her arrest at Denver International Airport by ICE, an event that attracted national attention.
Morales Rojas, 27, has filed an amended petition for a writ of habeas corpus in the U.S. District Court in Colorado. Her petition argues that ICE unlawfully imposed the ankle monitor and other supervision requirements after an immigration judge ordered her release without additional conditions.
Morales Rojas was arrested by ICE on July 20 while preparing to board a Southwest Airlines flight from Denver to Oakland. This occurred amid efforts by the Trump administration to identify and detain suspected visa overstayers, including enforcement operations at airports. The New York Times reported these operations as a new initiative in the president’s deportation campaign.
While electronic monitoring is common in immigration cases, Morales Rojas’ attorneys contend ICE lacked authority to mandate her wearing the ankle monitor after her release on bond. This case presents a legal test on the scope of authority immigration authorities have in imposing post-release supervision.
Public interest has been considerable, with a fundraiser generating over $137,344 on GoFundMe. Morales Rojas entered the U.S. on a J-1 exchange visitor visa in early 2023 to participate in an au pair program. Her petition claims she remained legally compliant with federal immigration laws and was lawfully present at the time of her arrest.
According to court documents, Morales Rojas traveled from Oakland to Denver on July 16 for childcare duties for a former employer. On July 20, she was issued a Form I-200 administrative warrant at her departure gate after TSA screening, leading to her arrest.
Morales Rojas received a Notice to Appear charging her under a provision of the Immigration and Nationality Act concerning visa overstays. Her petition disputes this, arguing her J-1 visa status did not have a fixed expiration date. She was detained at the Denver Contract Detention Facility in Aurora.
On July 28, an immigration judge granted her release on bond without extra conditions. Despite the judge’s order, Morales Rojas alleges ICE insisted on an ankle monitor, reporting to an ICE office in San Francisco, and enrollment in the Intensive Supervision Appearance Program (ISAP).
Her attorneys claim these conditions constitute ongoing restraints and effectively put her under “constructive custody” even after authorized release. The petition contests the legality of her arrest and ICE’s authority to impose monitoring not ordered by the bond.
The petition asserts ICE’s actions violated Morales Rojas’ procedural and substantive due process rights by imposing restrictions post-detention. ICE and the Department of Homeland Security have yet to formally address these allegations.
Previously, ICE stated to Newsweek that Morales Rojas overstayed her visa, initially entering the U.S. on October 20, 2024, with a visa valid until January 4, 2025.
The court is yet to decide on Morales Rojas’ claims. In an order dated September 3, U.S. Magistrate Judge Timothy P. O’Hara instructed officials to explain by September 10 why the petition should not be accepted, allowing Morales Rojas to reply by September 15.