IOWA CITY, Iowa (AP) — An immigration judge has denied bond to Felipe de Jesus Hernandez Marcelo, 28, who has been in the custody of Immigration and Customs Enforcement (ICE) since seeking police help as a victim of a near-fatal shooting in Iowa. This ruling means he will remain behind bars while awaiting deportation proceedings.
Hernandez entered the United States illegally in 2021, fleeing violence in Mexico. He was detained by ICE after being shot during an attempt to rob him in Muscatine, Iowa, on June 21. Hurt and in a vulnerable state, he sought assistance from law enforcement, but his decision led to his arrest on a previous warrant for unpaid traffic tickets.
Complicating matters, Hernandez is in the process of applying for a U visa—a specialized visa intended to encourage crime victims to cooperate with law enforcement without the fear of deportation. However, a policy reversal by ICE in January has placed many crime victims at risk of arrest despite their willingness to seek help from authorities.
After being shot, Hernandez required urgent medical treatment; however, during his time in detention, he has missed follow-up medical appointments critical for his rehabilitation. He has also been separated from his 9-year-old son, whom he is raising alone, and has lost stable employment that previously supported his family.
Hernandez's case was reviewed by an immigration judge in Omaha last month, who confirmed Hernandez's mandatory detention status. However, a federal judge recently overturned this, stating he suffered 'irreparable harm' while in custody. At a hearing, Hernandez's attorney, Emily Rebelskey, argued he is neither a flight risk nor a danger to the community. Despite this, Judge Alexandra Larsen denied the bond, citing uncertainties regarding Hernandez's eligibility for the visa.
The case of Felipe de Jesus Hernandez reflects the ongoing struggles faced by immigrants who not only seek refuge but also find themselves ensnared in punitive legal frameworks that often prioritize enforcement over support for crime victims.
