ICE Says Pardon Not Enough For Detained Hartford Woman; They Want to Deport Her Anyway
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I imagine you've been fully pardoned of your crimes but get punished for them anyway that's what's happening in Connecticut where immigration and customs enforcement is trying to deport a legal permanent resident even though her record has been cleared his Connecticut public radio's Diane or some reports the Attorney General there is fighting in court to force the federal government to recognize the state's pardons when she was four years old ways are Waltons mother brought her from England to Connecticut where she's lived as a legal permanent resident then during her turbulent teens Walton got caught shoplifting and conspiring to steal more you know if the crime but I also was three years ago when I was much younger well to speaking from an ice detention center in Boston she's there even though she's been fully pardon by the state of Connecticut for her crimes Abigail letters from people like saying my character and what not I mean you know everybody doesn't this get a party you have to be free of crime for a period of time when she got word in January that she'd likely be granted a full and unconditional state pardon Walton said she thought it would mean she wouldn't be deported for violating the terms of her green card should be able to move on with her life get a better job and do better for her family but paperwork for the pardon didn't come through till March one day after she was picked up by ice ran right after that you know was devastating right what's going on like why is this happening it does surprise me for a number of reasons Connecticut Attorney General William Tong says before ice always recognized Connecticut's pardons and under federal immigration laws if you receive a full absolute and unconditional pardon from your state you are entitled to an automatic waiver of deportation the federal government says it's just following the letter of the law at a court hearing in Boston earlier this summer justice department attorney Jessica burns pointed to the exact language of the immigration and nationality act we are interpreting the parting weaver which is part of the I. NA which specifically limits pardons pardons by the governor president of the United States but that's not how pardons work in Connecticut here the governor delegates authority to a board of pardons and paroles in Connecticut is not unique governors in six states delegate pardon power to a board and so my question is the Attorney General is why are you treating Connecticut different than places like Georgia again William Tong I hope that's not a partisan basis but it sure feels that way Connecticut's immigration policies are more liberal than George's in fact Connecticut just past one of the nation's most restrictive laws limiting when law enforcement can cooperate with ice attorney heather Prendergast of the American immigration lawyers association says that may be part of the reason that ISIS honoring Georges St pardons and not Connecticut's the only difference that I can see as someone who's not at the agency is that one state as policies that are arguably very favorable to ISIS position where as the other state does not not only difference will be and the sea with several Walton remains in an ice detention facility it's America you know so I figured every state will follow the same process in New York City hears arguments in her case on Tuesday the case is being closely watched because it could affect other immigrants facing deportation for NPR news I'm Diane Orson in new haven