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A granny whose arrest by ICE went viral online had been previously arrested for drug smuggling, according to her daughter, who also said the charge was dismissed a year ago.
In a desperate plea, her daughter called for her mother's immediate release, fearing she will die in ICE custody if she doesn't receive medical treatment soon, her daughter told Daily Mail.
Viral video shows US Immigration and Customs Enforcement (ICE) agents detaining terminally ill Martha Ochoa, 56, at a gas station around 8 a.m. Wednesday as she was traveling to her appointment near El Paso, her daughter told Daily Mail Wednesday.
'She's a permanent resident. She's been a permanent resident since the late 80s,' Marilyn Morales, Ochoa's daughter, said in a phone interview Wednesday afternoon.
Ochoa's interaction with ICE comes on the heels of the agency declaring this week it would suspend arrests made during traffic stops after two men were shot and killed by agents: one in Texas last week and another in Maine on Monday.
She added ICE had not given a reason why her mother was detained.
The daughter admitted her mom had a charge for drug smuggling dismissed recently due to her ailing health.
'It was dismissed back in 2021. She took care of everything. We paid everything as well. She went to all her court dates and it was dismissed,' Morales said.
ICE did not respond to the Daily Mail's request for comment despite multiple requests over 24 hours.
In the footage, Ochoa can be seen speaking with masked agents in the Allsups gas station parking lot off Highway 54 near the Texas-New Mexico state border.
Agents had been following Ochoa for some time in unmarked cars, her daughter recounted.
Scared, Ochoa pulled into the convenience store parking lot and went inside to ask for help, worried criminals were after her.
As the mother of six and grandmother of four walked back outside, she was approached by agents wearing masks and vests that read, 'Police ICE.'
'She went with them willingly to avoid trouble, but she doesn't understand what her rights are,' the second eldest of six children explained.
Ochoa was diagnosed with cancer three years ago, her daughter said. What started as breast cancer spread to her lungs and later to her bones.
'She's terminal, so you can imagine why her chemo is so important. It's the only thing that's keeping her alive right now. They do it every two weeks,' the pregnant Morales said.
She also explained that her mother's doctors tried to intervene after she was detained, sending paperwork to the ICE office at Camp East Montana where the grandma is being held to advocate for her release.
While it seemed that ICE was getting ready to set her free around noon, later in the afternoon, Morales said the agency had a change of heart.
Morales claims ICE would not release her and did not say when it would.
She remained at the detention center as of Thursday afternoon.
'This is the most inhumane answer that they told us: we have to keep her detained for our own safety, because we're getting threats on social media as she gone viral,' the daughter claimed.
Originally from Mexico, Ochoa has lived in West Texas since she was 19.
Her late husband was a US veteran before his passing several years ago.
Ochoa's children are working to hire a lawyer and have already reached out to public officials who might be able to help.
'I'm just terrified that she hasn't eaten. In her condition, she needs to be eating. She needs to be taken care of,' her daughter said fighting back tears.
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