Man arrested by ICE in Massachusetts can't be moved without notice, judge rules
An attorney for a Guatemalan man who was arrested by ICE agents in New Bedford this week and taken to a New Hampshire detention facility says the government has agreed that Juan Francisco-Mendez is entitled to a bail hearing in immigration court, while a judge has ruled he can't be moved without 72 hours' notice from the government.
The case has sparked outrage about the way Francisco-Mendez was apprehended. Cellphone video taken by his wife shows an agent using a sledgehammer to break a rear window while the couple was sitting in a car, telling agents they were waiting for their attorney.
New Bedford mayor looking for answers
New Bedford Mayor Jon Mitchell is among those looking for answers, saying his calls to ICE have gone unanswered.
"There's no indication they were armed, or about to flee. It appears they were in no position to flee. It begs the question why were they being arrested, and being arrested in this way," said Mitchell at a press conference.
The mayor says the city had no advance notice they were going to arrest Francisco-Mendez, whose family says has no criminal history and is waiting for final documentation on his asylum status.
Attorneys for Francisco-Mendez filed an emergency motion to keep the 29-year-old in the United States while he's locked up at a Dover, New Hampshire county jail.
"These are human beings that are being taken away from their family," said Ryan Sullivan, attorney for Francisco-Mendez. "What we wanted to do was act quickly so he's not whisked away and that he's stable in one place and what we learned in that hearing is that the government agrees that he doesn't have a prior criminal history."
In a statement an ICE spokesperson called Francisco-Mendez "an illegally present Guatemalan alien."
The spokesperson said he "refused to comply with officers' instructions and resisted apprehension. ICE concurs with the actions deemed appropriate by the officers... that ensures the success of the operation and prioritizes the safety of our officers."
Gov. Healey says people are "understandably terrified"
The case has outraged Massachusetts Governor Maura Healey who is also seeking answers. "It's really scary because you got a lot of people who are understandably terrified right now," Healey said. "We need some explanation from the Department of Homeland Security about exactly what they are doing."
Francisco-Mendez's wife says agents claimed they were looking for a man named Antonio and it's a case of mistaken identity.
Mayor Mitchell says residents are entitled to information the city used to receive from the feds, and this form of apprehension on the face of it, he says, is over the top. "My job is to make sure that our residents are secure," Mitchell said. "Consistent with that I need to know what's going on."
It's unclear when a bail hearing could be held for Francisco-Mendez, who has not been charged, and remains away from his wife and nine-year-old son.
