Wayzaro Walton is facing deportation to England by Immigration and Customs Enforcement for felony and misdemeanor convictions in Connecticut. Courtesy photo.

Connecticut Attorney General William Tong, Wayzaro Walton's spouse and her attorney joined reporters for a 35-minute press availability via telephone Tuesday afternoon as all expressed optimism that the U.S. Court of Appeals for the Second Circuit would stay Walton's deportation back to England.

Tong and Erin O'Neil-Baker, Walton's attorney who works for the Hartford Legal Group, had eight minutes each to make their case for Walton in front of the three-judge panel, which is based in New York City.

Walton, a Hartford resident who turned 35 years old on Saturday, has been in a Boston-based detention center for more than five months. Federal Immigration and Customs Enforcement is seeking to deport Walton, who came to the United States from England when she was 4 years old, back to the country for felony shoplifting and five misdemeanor convictions, all for sixth-degree larceny. Connecticut pardoned Walton for her crimes, but ICE doesn't recognize the pardon since it was not issued directly from the governor. Rather, the pardon was made by a board the governor appoints.

"I feel like the judges understood, and of course, have a strong command of the law and understood the facts here," Tong told reporters. "We stepped in here because if they deport Ms. Walton, it could damage our sovereignty. This would impair not only our prerogative to pardon people, but would treat us differently than 49 other states." According to Tong, the governors in 44 states directly pardon individuals. Connecticut, he said, is one of six states where the governor appoints other boards that ultimately give pardons. But, Tong said, the Board of Immigration Appeals accepts pardons from five states—Alabama, Georgia, Idaho, South Carolina and Utah—where a board appointed by the governor gives pardons, as satisfying the Pardon Waiver Clause. The BIA, Tong said, had previously accepted a Connecticut pardon, but provides no explanation now as to why Connecticut's pardons no longer count.

Asked if he thought his strong and outspoken opposition to many of Pres. Donald Trump's policies played a part in ICE not accepting Connecticut's pardons, Tong said, "I sure hope not, but this does appear to be arbitrary."

Said O'Neil-Baker during the press availability: "The point of today was to communicate to the justices that Ms. Walton should be released from custody. The judges were engaged and were focused on the importance of jurisdictional hurdles we have to overcome."

Both Tong and O'Neil-Baker argued Tuesday that the Second Circuit  has the jurisdiction under the All Writs Act to review and stay a removal order from the federal government.

"Ms. Walton was pardoned for all prior offenses," Tong said. "Any prior convictions were fully erased by the state of Connecticut as if they never happened. We were here to protect Ms. Walton, who is a Connecticut resident, from an unlawful action from ICE."

Tamika Ferguson, Walton's wife, told reporters that she and the couple's 16-year-old daughter saw Walton in detention over the weekend.

"She was happy to see us," Ferguson said. "But she was down and out that she was still there for her birthday."

If Walton is deported to England, Ferguson said she'd stay in Connecticut for two years while their daughter finished high school.

Ferguson also said "this is a big issue, not just for my family but for other families also going through this. They [ICE] should respect Connecticut laws. We need to speak up and do something about it. It's a tragedy and a nightmare and I am hoping and praying that something good can come out of this."

Representing the government at oral arguments Tuesday was Department of Justice attorney Christopher Buchanan, who couldn't be reached for comment.

In a statement emailed to the Connecticut Law Tribune, ICE said of Walton, in part: "She remains in custody until her scheduled future removal from the country as per the [immigration] judge's final order of removal. For operational and security purposes, ICE does not ever disclose pending dates of removal of foreign nationals."

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2nd Circuit Showdown Scheduled Over Walton Deportation