Family members say a man from Massachusetts has been wrongfully detained by Immigration and Customs Enforcement (ICE) after mistakenly being taken into custody over two weeks ago. An ICE spokesperson disagreed with the family's statements, saying that the man was in the country illegally.

Darnela Hernandez tried to hold back tears as she called her partner, Jhon Palacio-Morales, 49. For over two weeks, the cellphone has been Hernandez's only connection to Palacio-Morales, the father of her three-month-old baby. He has been held in ICE custody in facilities around the country while his family says ICE arrested the wrong person.

According to Ring camera video provided to WBZ-TV by the family, Palacio-Morales was arrested by ICE agents outside of his Lowell home on September 8. His sister-in-law, Maria Pino, said that ICE told Palacio-Morales he was wanted for a 2007 criminal charge and for missing an immigration hearing. 

Palacio-Morales had a hearing scheduled for Thursday in California that has now been rescheduled for a later date.    

Family members say Palacio-Morales arrived in the United States from Colombia in 2022. He claimed asylum at the border and was legally allowed to enter the country. They say he also obtained a valid work permit. Palacio-Morales claims he has no criminal history, and he has never missed a check-in. His next immigration check in date is in April of 2026.

ICE Boston spokesperson James Covington said in a Wednesday statement that Palacio-Morales "is an illegal alien" who "unlawfully entered the United States." 

"He was allowed to remain in the United States under the Biden administration's 'catch and release' policy. Officers with ICE Boston in support of Operation Patriot 2.0 lawfully arrested Palacio-Morales after he exited a targeted residence in Lowell, Massachusetts on Sept. 8," Covington said.

Lowell man in ICE custody

Via video call, Palacio-Morales showed WBZ the wristband he has worn since being taken into custody. He says it has the date of birth and name of an individual that is not him. 

He has worn it as ICE transferred him from Burlington, Mass. to Buffalo, New York, to Texas, Arizona, California, and back to Arizona.

"They put the cuffs on the hands and the feet," said his sister-in-law, Maria Pino. "Stay like this the whole trip from one facility to another one."

Covington said that while the information on the bracelet may not have been accurate, ICE maintains that Palacio-Morales was illegally in the country. 

"During Palacio-Morales' deportation proceedings, he was transferred to a detention facility in Arizona, where he was allegedly issued an ID bracelet with erroneous information. While the information on the bracelet issued to Palacio-Morales might have been inaccurate, Palacio-Morales is very much in the United States illegally and amenable to arrest and removal by ICE officers," Covington said. 

Palacio-Morales also showed WBZ that he was recently given another ID that shows his proper birthdate and name. He continues to wear the wristband and has not been released from custody.

"They don't listen. They don't listen. They don't really care," Pino said.

Covington said the ICE actions were made in the interest of public safety.

"Under the leadership of President Trump and Secretary Noem, aliens living illegally in the United States will be removed. ICE is prioritizing public safety by arresting and removing criminal alien offenders from our American communities. Illegal aliens are encouraged to self deport using the CBP Home app," Covington said.