IOWA CITY, Iowa (AP) — An immigration judge has denied bond to Felipe de Jesus Hernandez Marcelo, 28, who has been detained by Immigration and Customs Enforcement (ICE) since seeking police help after surviving a near-fatal shooting in Iowa. Hernandez entered the U.S. illegally in 2021 from Mexico and was detained on June 24, shortly after sustaining life-threatening injuries during a robbery attempt in Muscatine, Iowa.
Since being in ICE custody, Hernandez has sought to apply for a U visa, which is available to victims of crimes who assist law enforcement in their investigations. However, a policy rescinded earlier in the year complicates protections for such victims, increasing fears of arrest and deportation.
Hernandez's case highlights the juxtaposition of victim rights against the strict enforcement of immigration laws under the current administration, which has prioritized crackdown on undocumented immigrants.
While hospitalized after the shooting, Hernandez faced further complications as Muscatine police arrested him on an outdated warrant related to traffic tickets when he sought to reclaim stolen belongings. Afterward, he was handed over to ICE.
During his detention, Hernandez has missed critical medical appointments necessary for rehabilitating his injuries and has been separated from his 9-year-old son, for whom he is the primary caretaker. An immigration judge previously agreed to reconsider his detention, citing potential harm caused by being held in custody.
In a recent hearing, Hernandez's attorney argued he poses no flight risk and has evidence currently supporting his application for the U visa while simultaneously acting as a witness against his assailants, one of whom has already entered a guilty plea.
Despite these arguments, Immigration Judge Alexandra Larsen denied his bond request, labeling it speculative whether he would qualify for the visa and citing his previous violations of the law, such as living and working illegally in the U.S. The judge emphasized that he could potentially flee if released.
Hernandez's lawyer intends to continue the fight for his release, highlighting their case's extensive details and assurances that he would not pose a risk of flight.
Since being in ICE custody, Hernandez has sought to apply for a U visa, which is available to victims of crimes who assist law enforcement in their investigations. However, a policy rescinded earlier in the year complicates protections for such victims, increasing fears of arrest and deportation.
Hernandez's case highlights the juxtaposition of victim rights against the strict enforcement of immigration laws under the current administration, which has prioritized crackdown on undocumented immigrants.
While hospitalized after the shooting, Hernandez faced further complications as Muscatine police arrested him on an outdated warrant related to traffic tickets when he sought to reclaim stolen belongings. Afterward, he was handed over to ICE.
During his detention, Hernandez has missed critical medical appointments necessary for rehabilitating his injuries and has been separated from his 9-year-old son, for whom he is the primary caretaker. An immigration judge previously agreed to reconsider his detention, citing potential harm caused by being held in custody.
In a recent hearing, Hernandez's attorney argued he poses no flight risk and has evidence currently supporting his application for the U visa while simultaneously acting as a witness against his assailants, one of whom has already entered a guilty plea.
Despite these arguments, Immigration Judge Alexandra Larsen denied his bond request, labeling it speculative whether he would qualify for the visa and citing his previous violations of the law, such as living and working illegally in the U.S. The judge emphasized that he could potentially flee if released.
Hernandez's lawyer intends to continue the fight for his release, highlighting their case's extensive details and assurances that he would not pose a risk of flight.
