ICE took a mother into custody after an alleged shoplifting in Boston. Her family says it's a misunderstanding.

A young mother is in ICE custody after what the family says began with an accusation of shoplifting.

Melanie Tinoco was accused of shoplifting at Target in Boston last Thursday. That incident led to Boston Police arresting her and taking her to the station to be fingerprinted. Her family says when she was released, immigration agents were waiting outside.

Martin Gurfinkiel said the hardest thing was telling his wife's children their mother was not coming home.

Tinoco came to the United States from Ecuador, seeking asylum. Gurfinkiel says the 29-year-old is a mom to a 7- and an 11-year-old. One of the children is living with autism, and Gurfinkiel said, "He's so worried."

Gurfinkiel says he is an Uber driver and was picking up an order for delivery at Target in Boston. His wife was shopping in the store.

"They just came to us saying, why we are not paying for the things?" Gurfinkiel said. "That's not the situation. We never left. We were just walking to get a shopping cart. And they told me, OK, let's go to this room. And suddenly they called the police. The police told me that they were gonna take her to the D4 Boston Police Station to just know who she is, like, fingerprints and everything."

"She was screaming a lot"

Gurfinkiel says what happened at Target was a misunderstanding. Boston Police arrested Tinoco for shoplifting. After several hours at the station, she was released and ICE agents were waiting outside the door.

"They never show any ID, no warrant, no nothing. They just forced her, put the handcuff, and just put her inside the car. She was screaming a lot," Gurfinkiel said.

Attorney Jason Thomas represents Tinoco.

"I'm uncertain why ICE would have arrested her. She has an asylum application pending, she has valid work authorization, and she already has a hearing date to go in front of an immigration judge in 2027. She's already in the process," Thomas told the WBZ-TV I-Team.

Attorney says ICE detainment was misunderstanding

The I-Team has learned that despite state laws or city policies limiting local police communication with ICE, fingerprints taken during an arrest are sent to an FBI database that is accessible to other federal law enforcement agencies - including ICE.

Attorney Todd Pomerleau also represents Tinoco.

"She was part of a lawful immigration process that's being ignored and for whatever reason she seems to have been detained at Target due to possible misunderstandings and language barriers," Pomerleau said.

Tinoco's family is concerned about her health. She doesn't have her medication and they say her wrists were injured by agents when she was arrested. Her husband is now caring for the children alone while their mother is locked up at the ICE facility in Burlington.

"It's hard, because the kids all the time, they're asking, 'Where's my mom?'" Gurfinkiel said. "I just want her to come home."

Boston Police response

Tinoco's lawyers filed a petition in federal court seeking her immediate release. The I-Team reached out to Target, but the company referred us to Boston Police. ICE did not respond to a request for comment.

A Boston Police Department spokesperson said Tinoco was arrested, booked and released on bail.

"The Boston Police Department is firmly committed to the city's Trust Act. An individual's immigration status is not a factor whether we are working with a victim, witness or a suspect, we do not even ask about it. It is very important to be clear on this issue, trust with the community is critical to our serving the City of Boston in the best ways possible," police said.