A Tucson woman detained by ICE six months ago cannot attend her own criminal trial, and her attorney says that absence may cost her everything, including her right to stay in the country.

Jessica Corrales-Duarte's in-laws were present during her court proceedings Friday and Monday, alongside her husband, two daughters, mother and other family members. They described the 32-year-old as an angel that entered their lives.

Corrales-Duarte is facing charges of theft and shoplifting, with the state alleging that she stole thousands of dollars worth of products from an Ulta Beauty store over the course of three days.

Corrales-Duarte has no prior criminal record.

Catherine Austin, Corrales-Duarte's attorney, said she was caught on camera walking through the Ulta store two days prior to her arrest. Corrales-Duarte is accused of shoplifting three perfume testers, which Ulta has said were valued at more than $5,700.

Corrales-Duarte was detained by ICE on Jan. 15 and has been held at the Eloy Detention Center in the months since, unable to attend many of the court dates for her shoplifting case.

Corrales-Duarte entered the United States through a port of entry at age 2, while her mother was granted legal status under the Violence Against Women Act after fleeing domestic violence in Mexico.

Corrales-Duarte was sent a letter of intent to terminate her Deferred Action for Childhood Arrivals status in November, with her status formally terminated on Jan. 9, according to a statement provided by U.S. Immigration and Customs Enforcement.

Over the past year, turnaround times for DACA renewals have increased to three to four months, with CNN reporting in September a backlog of more than 25,000 pending renewals.

"Corrales-Duarte does not possess any immigration documents that allow her to enter, reside or remain in the United States legally," according to an ICE spokesperson.

Austin said an immigration judge is currently reviewing the case and is expected to rule on whether to cancel Corrales-Duarte's removal and allow her to remain in the country.

"One of the things that he will consider is, and the thing that actually makes her very vulnerable to deportation, is the criminal case," Austin said. "The allegations … (are) serious and severe."

Austin has been pushing for Corrales-Duarte's trial to take place before her final immigration hearing on June 25, but the Laken Riley Act is preventing Corrales-Duarte from being present for her trial.

The Laken Riley Act was passed in January 2025 in response to the death of a young woman who was murdered by a Venezuelan man who did not have legal status.

The act says that if an individual without legal permission to be in the U.S. is arrested for a crime, the government can hold them in custody indefinitely until their immigration proceedings conclude.

Austin filed a motion May 19 requesting that Corrales-Duarte be temporarily released by June 16 so she would be able to attend her jury trial, but as of Tuesday she is still being held in Eloy.

Austin filed a second motion May 29 requesting Corrales-Duarte's release for a June 1 court date, which was subsequently denied.

"Claims by her attorney that ICE is not releasing her for her court appearance are false; ICE will release Corrales-Duarte under writ to Pima County so she can appear for her trial," according to a statement from ICE.

Corrales-Duarte appeared virtually in court Monday, her first appearance since being detained by ICE. Austin argued that not being able to confer with her client in person is harming her case.

"There were requests to have Jessica be in person in Tucson to be able to advocate for herself, (to) be here (for) this case, but that clearly was not allowed," Austin said. "My client can't confer with me. She can't confront her accusers, which she has a constitutional right to do. I can't even tell you how highly prejudicial it would be to put my client on a video screen in a detention facility … to participate in her own trial."

U.S. Rep. Adelita Grijalva called for Corrales-Duarte's release Friday and a halt to her deportation proceedings.

"Jessica wasn't able to attend a hearing today in municipal court to defend herself because she has been held at a federal detention facility in Eloy for the last six months," Grijalva said. "Like anyone else in this country, she is entitled to due process and to the presumption of innocence until proven guilty. That is both cruel and fundamentally unjust. This is a direct consequence of the Laken Riley Act, where a mere accusation — not a conviction — of a minor offense is enough to trigger deportation."

On Monday, the Pima County Attorney's Office offered Corrales-Duarte a plea deal of two counts of criminal damage, with restitution due at her sentence date.

Austin filed a motion to dismiss the same day, arguing the proceedings violate Corrales-Duarte's right to a speedy trial because her detention has prevented her from meaningfully participating in her own defense.

During Monday's status conference, Austin told Judge Kellie Johnson that she was troubled because "the state has taken the highest dollar amount," a reference to the $5,710 figure provided by Ulta Beauty, which the defense has questioned, suggesting it may reflect the store's total inventory loss from multiple sources rather than the value of items Corrales-Duarte allegedly took.

Corrales-Duarte's next court date is June 22, when Johnson will hear arguments on the motion to dismiss. Her jury trial is set to begin June 23.

Topacio “Topaz” Servellon is a reporter with Tucson Spotlight. Contact them at topacioserve@gmail.com.

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