A Department of Homeland Security (DHS) case worker accused of having sex with a man who was in Immigration and Customs Enforcement (ICE) custody at the Otay Mesa Detention Center kept videos of their encounters and told the detainee she was pregnant with his child, according to prosecutors.
Shantal Hernandez, 36, appeared in court Tuesday for the first time since her arrest last week. She is charged with sexual abuse of a ward, which carries a maximum penalty of 15 years in prison and a $250,000 fine.
Under her former role, Hernandez was responsible for managing the complaints of ICE detainees in several detention facilities throughout San Diego County.
DHS officials received complaints that Hernandez was spending an unusual amount of time with the unidentified detainee, according to the complaint. Employees at the facility noticed Hernandez coming out of closed-door meetings with the detainee and adjusting her clothes and hair at least five times.
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Court documents show DHS agents allegedly obtained phone records from the Otay Mesa Detention Center that revealed Hernandez and the detainee had engaged in sexually-explicit phone calls and discussed an ongoing relationship between February and April of this year.
During one phone call, Hernandez mentioned having a video of one of their sexual interactions. Federal agents conducted a search warrant and found the alleged video. They also found photos that appeared to show Hernandez holding a positive pregnancy test, and the photo of an ultrasound saying she was pregnant with the detainee’s child, the complaint said.
The alleged pregnancy claims were not discussed during Tuesday's hearing.
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Also in the complaint is an accusation that Hernandez offered the detainee an opportunity to appeal his immigration case to avoid deportation.
Hernandez’s attorney, Marc Levinson, said the defense and prosecutors reached an agreement recommending Hernandez's release on a $30,000 bond. Hernandez is expected to be released when Judge Jill L. Burkhardt approves the bond package.
“The alleged conduct cannot and will not be tolerated. Those in position of authority over immigration detainees must be held to the highest standard," U.S. Attorney Andrew Haden said in a statement.
NBC 7 reached out to the Otay Mesa Detention Center for comment and is still awaiting a response.
Hernandez's arraignment and preliminary hearing are scheduled for September 7.
