CHULA VISTA (KGTV) — The parents of two young boys detained by ICE last week in Chula Vista now have legal representation and are fighting for their release from custody.
Immigration attorney Nerea Woods is representing Reinaldo Chirino and Kris Estefany, who were detained over a week ago after dropping their children off at school. Their sons, ages 4 and 12, are now in the care of a family friend.
"I was able to go and visit them just this week on Tuesday," Woods said. "I think like most people, I saw your story on the case and immediately wanted to help."
Woods is a senior attorney for the Law Office of Andrew Neitor, which provides services through the county's Immigrant Legal Defense Program, a free service for detained immigrants similar to a public defender.
The attorney argues the parents, who are being held at the Otay Mesa Detention Center, should never have been detained in the first place.
"First and foremost, these are not criminals. There's no criminal record here," Woods said.
She cites ICE's own directive from last July about detention and removal of parents with minor children.
"The moment that ICE realized there were two minor children who were dependent on these parents, they should have reassessed," Woods said.
The attorney says there are alternatives to detention for people in removal proceedings, including ankle monitors, ICE check-ins, or other monitoring methods.
Congressman Juan Vargas is also getting involved in the case. After seeing ABC 10News' coverage of the detention, his office sent ICE an inquiry about the parents' situation. So far, the congressman's office says they haven't heard back.
"I'm very hopeful that with his help, we can put a little bit more pressure on ICE to simply just do the right thing, follow their own policy," Woods said.
After multiple requests for comment, an ICE spokesperson provided the following response regarding the Chula Vista parents
“ICE arrested Reinaldo Chirino-Rivero, an illegal alien from Venezuela, on Jan. 27. Chirino is in the United States illegally and will remain in ICE custody pending removal proceedings.
ICE also arrested Kris Stefany Pineda-Torregrosa, an illegal alien from Colombia, on Jan. 27. Pineda was found to be in the United States illegally, having entered the country without inspection. Pineda will remain in ICE custody pending removal proceedings.
Neither alien has any lawful status to remain in the United States.
Those who are here illegally can take control of their departure with the CBP Home App. The United States is offering illegal aliens $2,600 and a free flight to self-deport now. We encourage every person here illegally to take advantage of this offer and reserve the chance to come back to the U.S. the right legal way to live American dream. If not, you will be arrested and deported without a chance to return. Learn more here: CBP Home Mobile Application | U.S. Customs and Border Protection [cbp.gov].
Parents are asked if they want to be removed with their children or ICE will place the children with a safe person the parent designates.”
"ICE can still make this right in this situation, and that's what we're asking for," Woods said.
Both parents have a hearing scheduled for Monday, which also happens to be their youngest child's 4th birthday.
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