A way out?
Espinal, others in church sanctuary sue ICE over fines
With a new president taking the helm Wednesday, Edith Espinal has renewed hope of leaving the sanctuary of a Columbus church, hoping that a lawsuit she has filed with others can make real change. h Espinal, 43, has been living at Columbus Mennonite Church for more than three years, or about 1,207 days, she estimates. h She moved into the Clintonville church on Oct. 2, 2017, to avoid deportation and separation from her three adult children. She is an undocumented immigrant and was told by U.S. immigration officials that she must go back to her native Mexico. h Espinal is one of dozens of undocumented immigrants nationwide who sought sanctuary in churches during the Trump administration, when Immigration and Customs Enforcement (ICE) increased its enforcement actions.
“I’m going to keep fighting to get out of sanctuary, to be able to return to my home here in Columbus with my family. And we’re going to continue making a lot of asks, petitions to the people in power.” Edith Espinal, who has been living in sanctuary at Columbus Mennonite Church for more than three years
The purpose, sanctuary advocates say, is to give immigrants more time to pursue legal options while they remain in the country.
Now, Espinal is among four women in sanctuary who have sued ICE after receiving large fines in 2019.
In July 2019, Espinal was fined $497,777 by ICE for not leaving the country, though the fine was later rescinded by the agency in October. She was fined again for $59,126 in 2020, according to the Center for Constitutional Rights.
The women, along with the Austin Sanctuary Network and the Free Migration Project, filed the suit Tuesday in U.S. District Court in Washington, D.C.
“We decided to participate in this lawsuit because the fines were really unjustified, and what we want is for these fines to be removed,” Espinal said Wednesday, speaking to The Dispatch in Spanish through a translator. “What we also want is for ICE to get rid of this rule that allowed for the fines because we don’t want other people to be given fines like we were because they’re very unjust.”
ICE fined the women under a littleused part of the Immigration and Nationality Act.
The fines are “very exaggerated” and so high “that they know we’re not able to pay,” Espinal said.
This lawsuit comes after leaders of the National Sanctuary Collective sued ICE in February 2020 to get public records on the fines it issued. The records it obtained showed that the fines were part of an effort by Trump administration officials to target sanctuary leaders like Espinal and keep them from “speaking out and participating in the sanctuary movement,” according to the
Center for Constitutional Rights.
The Jan. 19 lawsuit the women filed states that the government fines threaten their right to free speech, association, religion and the right to be free from excessive fines, the center’s release said.
“I’m going to keep fighting to get out of sanctuary, to be able to return to my home here in Columbus with my family. And we’re going to continue making a lot of asks, petitions to the people in power,” Espinal said.
Allies representing Espinal submitted an updated application to ICE in Columbus on Thursday for a stay of removal.
“I also hope (the lawsuit) helps elevate my case and that of others in sanctuary so (President Joe) Biden’s administration takes action to free us from sanctuary,” Espinal said.
dking@dispatch.com@danaeking