U.S. Immigration and Customs Enforcement (ICE) officers mistakenly identified a Durango father during a traffic stop earlier this week, according to a senior official. Despite the error, ICE agents proceeded to arrest **Fernando Jaramillo-Solano** and his two children, prompting protests in the Colorado mountain town. The incident has raised concerns about ICE’s arrest practices in Colorado, leading to a lawsuit challenging the agency’s procedures.
During a court hearing on **October 20, 2023**, **Gregory Davies**, the third-ranking official at ICE in Denver, testified regarding the incident. He acknowledged that the agents did not realize they were stopping Jaramillo-Solano as he drove his children to school on Monday morning. “It’s my understanding that the father was mistaken for somebody else when ICE encountered him,” Davies stated. Despite the mistake, Jaramillo-Solano and his children were arrested without warrants, a practice that the lawsuit claims is too frequently employed by ICE without meeting necessary legal requirements.
The family has since been transported to a family detention center in **Dilley, Texas**. According to the **Denver Post**, the father was located using ICE’s detainee locator tool, which does not provide information about minors. Davies confirmed that all family members were moved to Texas.
ICE has the legal authority to arrest individuals without a warrant under certain conditions. Agents must ascertain that the person is in the country illegally and likely to flee if not apprehended. The lawsuit, filed by four detained individuals in Colorado, argues that ICE has failed to conduct the required assessments prior to making arrests. They are seeking a judicial declaration that ICE’s arrest practices are illegal.
Davies defended ICE’s actions during the hearing, stating that federal policies require officers to follow established procedures to ensure arrests are lawful. U.S. District Court Judge **R. Brooke Jackson** has been hearing the case and indicated that he had received significant evidence suggesting that unlawful arrests may be occurring in Colorado. He noted that media interviews with **Robert Guadian**, the former top ICE official in Denver, revealed a broader strategy of arresting individuals without regard for their legal circumstances.
The lawsuit’s attorneys assert that ICE continues to ignore its own policies, as demonstrated by the recent arrests of Jaramillo-Solano and **Marina Ortiz**, a Douglas County teacher. Ortiz was apprehended during a routine immigration appointment, and she is also being held in the same Texas detention center as Jaramillo-Solano. The charter school where Ortiz worked stated she was legally authorized to live and work in the United States.
Testimonies from the four individuals who filed the lawsuit revealed the profound impact of their detentions, with experiences ranging from a few weeks to nearly 100 days. Some reported that their families were forced to move in with relatives, while others incurred significant debt for legal representation.
The federal court hearing concluded on Friday afternoon, but it remains unclear whether Judge Jackson will issue a ruling immediately or take time to deliberate. During the proceedings, he expressed concern about the implications of ICE’s actions, indicating that the arrests may reflect a larger pattern rather than isolated incidents.
This situation continues to evolve, and updates will be provided as more information becomes available.
