Nashville reporter arrested by ICE asserts First, Fifth Amendment violations in new legal filings

Attorneys for Estefany Maria Rodríguez Florez have filed an amended petition in federal court that accuses the federal government of First and Fifth Amendment violations in detaining the Spanish-language news journalist, who has reported critically in recent months about ICE enforcement activities.

Rodríguez, a reporter for Nashville Noticias, remains in an Alabama detention facility after her arrest by ICE agents Wednesday. She is accused of illegally overstaying her visa, a claim her attorneys dispute.

Adding to their original petition seeking Rodríguez’ immediate release, the attorneys are now also asking the court to enjoin immigration officials from taking any enforcement actions in “retaliation against her past speech or to chill her future speech.”

“ICE’s arbitrary actions serve to punish her for her public criticism of ICE,” they wrote.

Court orders ICE to justify arrest of Nashville journalist 

.U.S. District Judge Eli Richardson on Monday set a March 17 court date, while pushing back original deadlines for the government’s written response, given the added allegations.

Rodríguez was the subject of a targeted arrest by ICE agents, who surveilled her leaving her home early Wednesday morning with her husband and seven-year-old daughter before pulling the couple over to make the arrest after the child had been dropped off. 

Rodríguez, 35, came to the United States five years ago on a tourist visa then applied for asylum as a result of threats she faced as a working journalist in her native Colombia, her attorneys said. The asylum claim is still pending, according to her attorneys.

Rodríguez in January also applied for a green card through her marriage to an American citizen, the attorneys said. She has no criminal history, they noted. 

Her attorneys accuse the government of arresting Rodriguez without a warrant, but federal immigration officials have disputed the allegation on social media. 

Rodríguez is represented by Michael Holley and Julio Colby with the Tennessee Immigrant & Refugee Rights Coalition and Joel Coxander of MIRA Legal. 
Estefany