Immigrant detained in Weber County, prompting backlash from some, has been released

OGDEN — One of two immigrants detained in Weber County last week, prompting outrage among a contingent that has been closely monitoring local law enforcement involvement in immigration actions, has been released.

Nevertheless, Pablo Oyarce and Javiera Galvez, who has been released, still face a battle with immigration authorities, one of their advocates says. They're originally from Chile but have been in the United States for more than two years, lately living in Uintah.

"A lot is up in the air, and they are uncertain about their future," Kim Haslam with Ogden United said in a social media post Monday. The group has advocated on behalf of other immigrants also detained by immigration officials in Weber County.

Oyarce and Galvez have a two-month-old baby and were the focus of a demonstration by Ogden United representatives and other advocates on Saturday in Ogden. Coming in the wake of the detentions of two other immigrants since late August that involved Ogden police, the demonstrators are critical of what they view as heavy-handed action against immigrants who don't have extensive criminal records and involvement of local law enforcement in detaining immigrants.

Weber County Sheriff Ryan Arbon "has repeatedly stated that Weber County is only going after the worst of the worst, and we need people to know that that's not the case," Haslam said at Saturday's demonstration, held outside the Weber Center, which houses Weber County government offices. "I mean, the numbers show it, and this is a clear example of a family that should not be detained and separated from their two-month-old baby."

Oyarce and Galvez, she said, are just a young couple trying to start and raise a family. They're focus of a fundraising drive by advocates wanting to help them in their legal battle.

Arbon, for his part, said the couple has been in the country more than two years beyond the 90-day entry they were allowed under the U.S. State Department's visa waiver program. The program allows nationals of participating countries, including Chile, to enter the United States for up to 90 days for business or tourism.

"They just didn't stay a day or two over. They're more than two years over," Arbon said.

Per terms of the program posted on the State Department website, those who enter the United States under the visa waiver program may not extend their stay beyond 90 days or change their status in the United States. What's more, those who take part in the visa waiver program waive their right to appeal deportation orders if they violate terms of the program, Arbon noted.

"They knew this before they came in," he said.

'Good, hardworking young couple'

Oyarce and Galvez were stopped last Thursday in their car in Riverdale by a Weber County sheriff's deputy after the official determined the registration on their auto had been canceled or suspended, Arbon said. Neither Oyarce, who was driving, nor Galvez provided a valid driver's license, though they did supply Chilean identification.

The officer subsequently contacted Immigration and Customs Enforcement officials, who said the agency had issued immigration detainers on both, which led to their detention in the Weber County Jail. A detainer is a request from ICE to local law enforcement to hold immigrants facing deportation, and the Weber County Sheriff's Office has a cooperative accord with ICE to work with the agency on immigration matters.

The Ogden Police Department doesn't have a formal accord to work with ICE, known as a 287(g) agreement. But Ogden officers have been present at the arrests by ICE agents of immigrants in recent weeks, one on Aug. 25 and another on Sept. 3. As with the Oyarce and Galvez case, those incidents have prompted backlash from immigrant advocates who think local officials should not cooperate with immigration officials.

Though Galvez has been released, she must wear an ankle monitor so her whereabouts can be tracked, according to Haslam.

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"But she is reunited with her baby and that is what we all were pushing for," she said in the social media post on Monday. "Unfortunately, Pablo will not be released as they consider this family a flight risk. ... So this family has quite the battle ahead of them."

Jared Rosser, a friend of the couple, took part in Saturday's demonstration, lauding them.

"They're just a good, hardworking young couple," he said. "They just came here to work and have a better life and they've been going through the immigration process. They haven't committed any crimes."

Rosser also lamented cooperation of local law enforcement in immigration enforcement actions. "They're putting fear into all the community," he said.

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