Man whose DACA status expired goes to traffic court is picked up by ICE and released

pavpatel · 02-01-2018, 04:28 PM

Quote:

A man whose DACA immigration status lapsed was arrested this week by ICE agents as he was leaving traffic court in Skokie.

Hours after supporters of Christian Gomez Garcia cried foul, claiming he was improperly detained, federal authorities released on Thursday.

Gomez Garcia, 29, went to the Cook County courthouse in Skokie on Monday to deal with a traffic ticket. Just as he exited the room where traffic court takes places, he was approached and detained by U.S. Immigration and Customs Enforcement agents, the agency confirmed.

Advocates said Gomez Garcia was taken to an ICE holding facility in Wisconsin, presumably to begin deportation proceedings.

Federal officials didn’t explain why he was targeted for arrest, but they released a statement Wednesday evening saying that “after further review of his case circumstances,” he was scheduled for a Thursday release. Gomez Garcia’s lawyer confirmed he was freed Thursday morning.

ICE officials did not elaborate on why he was released but in the past have defended courthouse arrests as being safer because people are screened for weapons.

But immigrant advocates object that authorities are arresting productive people who pose no threat and are discouraging use of the justice system.

“I think they’re recognizing that he is eligible under the court order that basically prohibits them from expelling DACA-eligible recipients that can apply for an extension,” said Juan Soliz, a Chicago attorney who appeared at a news conference on Gomez Garcia’s behalf. “They shouldn’t have picked him up in the first place and they’re compelled to release him.”

Federal authorities noted that Gomez Garcia is a citizen of Mexico. His mother, Luz Maria Garcia, said he has lived in the U.S. since he was 4, when she fled Mexico because of domestic violence and had to leave five other children behind. She and her son now live in Skokie. She said he helps support her and is enrolled in a real estate program at a junior college.

“My son is really sad because he is no criminal,” Garcia, 52, said prior to the news of Gomez Garcia’s planned release. “He is studying and working hard. He helps me in everything. He is a really good boy.”

According to the Secretary of State’s office, Gomez Garcia’s driver’s license was suspended for failing to pay a fine for a driving offense. A search of court records in Cook County and other Chicago-area counties found no indication of criminal charges against Gomez Garcia.

Gomez Garcia’s advocates said he had previously qualified for the federal Deferred Action for Childhood Arrivals program, or DACA, whose participants are sometimes known as “Dreamers.” DACA allowed some children who had entered the country illegally as minors to stay in the country and work. But when he tried to renew his DACA status, his application was filled out incorrectly, his attorney said. He has since reapplied, Soliz said.

“We in this county and in this city should not be a part of this conspiracy of ICE to try and take out immigrants from this country that are eligible for legalization through this dream program,” the attorney said.

In his State of the Union address Tuesday, President Donald Trump proposed a path to citizenship for some 1 million young undocumented immigrants as part of a wider immigration reform plan that he has said needs to include money for a border wall.

Trump announced last fall that he was rescinding DACA, a move that’s been blocked in federal court as lawsuits proceed.

The president’s stepped-up enforcement of illegal immigration has included an apparent increase in the arrests of immigrants at courthouses, said Fred Tsao, senior policy counsel for the Illinois Coalition for Immigrant and Refugee Rights in Chicago.

It’s not clear how common the practice is, but Tsao said he’s heard occasional reports of such arrests in the Chicago area and New York City.

It’s a bad idea, he said, because it discourages immigrants from participating in the justice system, whether as defendants, plaintiffs, witnesses or victims of crime.

Immigration officials issued a general statement last year that courthouses are a safer place to make arrests because those entering have been screened for weapons.

ICE has previously said it has followed a routine practice of law-enforcement agencies arresting individuals while they appear in court for separate cases. ICE has stated that its agents generally go after convicted criminals, people who pose public safety risks, or those who’ve been deported but have returned. The earlier statement said agents should generally avoid enforcement in noncriminal proceedings.

“Courthouse arrests are often necessitated by the unwillingness of jurisdictions to cooperate with ICE in the transfer of custody of aliens from their prisons and jails,” the statement read.

Cook County passed an ordinance in 2011 prohibiting county law enforcement from holding or notifying ICE of individuals wanted for immigration warrants. Illinois lawmakers passed the Trust Act last year, which prohibits local law enforcement from holding inmates solely on immigration detention orders.

Just after the Trust Act went into effect, McHenry County officials prompted outcry from some immigrant advocates, families and lawyers after jail inmates were taken into ICE custody after a family member put up their bail.

http://www.chicagotribune.com/suburb...131-story.html

Cyber1964 · 02-01-2018, 04:32 PM

How does ICE work? Do agents just show up in cities randomly?

Imthexman · 02-01-2018, 05:25 PM

Holy crap this could be a big problem, I'm puzzle because the Chicagoland towns are sanctuary cities. My guess is that ICE has a list of all expired DACA recipients and they get picked up at courts in case the recipient court is for something criminal, in this case it wasn't so he got let go but he might be put in removal proceeding by the immigration judge, ICE doesn't just released people without a follow up court date.

I wonder if ICE is also picking up expired DACA recipients when they go to the DMV to renew their drivers licence, I thought I read that somewhere but hopefully I'm wrong.

Pianoswithoutfaith · 02-01-2018, 05:28 PM

It begins

Hallowpoint1911 · 02-01-2018, 05:40 PM

Honestly, DACA doesn’t grant legal status therefore the worse thing you can do is comit an offense. I think even a seatbelt or speeding ticket can land you in hot water. Be careful out there

isk84life · 02-01-2018, 06:50 PM

Hire a lawyer and have him show up for you.

JayR9 · 02-02-2018, 09:28 PM

Quote:

Originally Posted by Hallowpoint1911

Honestly, DACA doesn’t grant legal status therefore the worse thing you can do is comit an offense. I think even a seatbelt or speeding ticket can land you in hot water. Be careful out there

Probably not true. I have gotten 7 speeding tickets since I got DACA. Also no way for them to time your license renewal because you can go anytime before your expiration date.

TexasDreamy · 02-02-2018, 09:57 PM

Quote:

Originally Posted by Imthexman

I wonder if ICE is also picking up expired DACA recipients when they go to the DMV to renew their drivers licence, I thought I read that somewhere but hopefully I'm wrong.

In Texas (and most other states) you can't get a license without having proof of legal/lawful status in the US. There's no reason why someone would be getting a license without already having DACA status.

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Man whose DACA status expired goes to traffic court is picked up by ICE and released