Esther Ngoy Tekele — a 23-year-old Congolese woman who has been held in Immigration and Customs Enforcement custody for over a week — was ordered to be released on bond on Thursday.
Tekele is a lawful permanent resident and has been living in Vermont for four years, according to her brother and her attorney.
At the time of her arrest on July 6, Tekele was crossing the Canadian border with her family to re-enter Vermont after attending a wedding in Canada. Coco Ngoy, Tekele’s brother, said they were stopped by Customs and Border Protection agents at the Highgate Springs border crossing and waited for about three hours. When he asked for an explanation, an officer told him they were free to go except for Tekele.
Ngoy said he left briefly to get food after hours of waiting, and when he came back, he was told his sister was no longer there, so he reached out to the Association of Africans Living in Vermont, or AALV, for help.
Nathan Virag, the attorney representing Tekele, said he wasn’t able to get in touch with his client for about two days. He said Tekele was questioned by Customs and Border Protection agents for hours before being transferred to ICE custody. “They were not giving us information, they were not letting her call us, none of that,” he said.
The first time Virag was able to speak with his client was July 8 when he visited her at Chittenden Regional Correctional Facility.
“We were successful in getting a temporary restraining order to prevent ICE from being able to transfer out of state because that’s what ICE has been doing,” Virag said.
Tekele is a green card holder with no criminal record, according to Virag and Ngoy. She has a 2-year-old child and also takes care of her mother. Ngoy said they had crossed the Canadian border many times and never had any problems before.
Federal immigration officers had alleged that Tekele lied about her marital status and entered the country declaring to be unmarried, but instead she got married a few days earlier.
At a bond and master hearing in Chelmsford Immigration Court on Thursday, Virag denied the allegations and asked for his client to be released on bond, claiming she doesn’t have any criminal charges, has stable employment, and she plans to stay in the U.S. and apply for citizenship.
Judge Natalie Smith ordered Tekele be released on a $7,500 bond. An attorney for the federal government waived the right to appeal the judge’s decision.
“It’s a relief for us,” said Ngoy. “At least Esther will be able to see her son and take care of my mom.”
“Wrongly detaining lawful permanent residents at a standard crossing speaks to the lawless and inhumane immigration agenda coming from the White House,” U.S. Rep. Becca Balint, D-Vt., who helped locate Tekele after her arrest, wrote in a statement to VTDigger. “I’m so happy to hear Ms. Tekele is headed back with her family at home in Vermont but nobody with legal status in this country should have to live in fear of being held in a jail cell at any moment.”
The government must submit evidence for Tekele’s removal by July 31, when the next hearing is scheduled.
U.S. Immigration and Customs Enforcement did not respond to a request for comment. Customs and Border Protection did not respond to VTDigger’s emailed questions by the time of publication.
“She’s a great mother. She loves her child. She’s helpful in the Congolese community here in Vermont,” Virag said, “This is just a hardworking mother that’s fallen victim to a messed-up immigration system.”
