An Alabama immigrant rights group is demanding the release of a board member who was detained by Immigration and Customs Enforcement on Thursday morning.
Adelante Alabama Worker's Center board member Marcos Baltazar was taken by ICE along with his son during a routine ICE check-in. Adelante Police and Communications Coordinator Resha Swanson said those who have been released by ICE previously have to meet up with an ICE agent every few months to verify their home address and workplace information.
"Adelante is calling for the release of Marcos and his son," Swanson said in a statement. "ICE currently has the power and authority to release Marcos and his son without having to wait to see a judge."
According to Adelante, Baltazar moved to the United States three years ago from Guatemala with his son, Juan, after his wife died during childbirth. Adelante Economic Justice Organizer Luis Robledo said Baltazar was encountered by ICE before when he crossed the United States and Mexican border, but was let go as long as he regularly checked in with ICE. Both Adelante and ICE officials confirmed that Baltazar has been going to his ICE check ins.
Robledo said Baltazar was detained because his son recently turned 18 and is no longer considered a minor.
"The government literally said, 'You are OK to live in the community. Live your life until we meet in court,'" Robledo said. "But then the minor turned 18, and they flipped-flopped. Now an integral part of our community, someone who is super important part to the work we do has been kidnapped."
Robledo said Baltazar and his son's detainment feels intentional. Baltazar became an active member of the organization after he successfully won a wage theft case. Robledo said Baltazar was able to recover more than $1,000 in wages from two employers who were refusing to pay him last year. Baltazar has been an Adelante board member for a couple of months.
Adelante was also one of the multiple immigrant rights organization that was part of a rapid response plan created following the ICE raids in Mississippi. Several activists from Alabama went to Mississippi to help the nearly 700 immigrants affected by the raid.
" We don’t know why Marcos was targeted for detention," Robledo said. “We do know that Marcos is a laborer rights activist because he fought for his own labor rights. As a member of Adelante, he is also an immigrant rights activist.”
ICE spokesman Bryan Cox said generally, adults who are the sole caregivers of minors who don't have a criminal record are generally let go when encountered at the boarder as long as they meet certain conditions. Cox said circumstances changed in this case.
"The minor who was formerly a minor is now an adult," Cox said. "Once you are no longer a sole caregiver for a minor child, that impacts your status as well. The person turning 18 has a change of circumstance."
News of Baltazar and his son's detainment spurred the immigrant justice into action. Shortly after their detainment around 9:30 a.m., Adelante staff rushed to the Department of Homeland Security Office in Homewood. About 30 minutes later a crowd of about 50 people of difference races and faiths formed a protest outside the office. Protesters prayed for Baltazar and Juan's release and quickly made signs that said, "Abolish ICE" and "No border! No wall!". Protesters chanted together in both English and Spanish as they marched around the parking lot.
Robledo said Baltazar is a humbled and kind man who is loved by many due to his willingness to help anyone out.
"Marcos is like a model resident of Alabama. He is the person you want here," Robledo said. "He is incredibly involved with the church. He is a good father and friend. He is a widower who is taking care of a young man who has arrived in a new country. He is an example of what it means to be a service to the community."
The protest was brief because Robledo said a heavy police presence came to the scene.
“There were as many as six to 10 police cars and maybe five mounted motorcycles patrols with a crowd of women, children and faith leaders who were dressed in their garb.” Robledo said. “We weren’t posing a threat at all. They told us if we didn’t leave then they were going to arrest every single person that was there.”
Homewood police Sgt. John Carr said the property owner contacted police.
"The protesters were on private property and the owner wanted them trespassed," Carr said. "The owner trespassed the protesters and ask them to leave. They complied."
The crowd quickly dispersed without further incident and moved to the Hispanic Interest Coalition of Alabama's office in Birmingham, where immigrant justice activists and allies learned about the different ways they could help Baltazar and his son.
Rev. Majadi Baruti, of Greater Birmingham Ministries, said he joined the protesters because he sees what Baltazar and his son are trying to do with their lives.
“I am part of a beautiful group of people who believe black and brown folks need to be able to move through the United States by its principles - freedom, justice, harmony, peace, the ability to pursue happiness - and that is what Marcos and his son are moving towards,” Baruti said. “All of the resistance work that we have all done since the beginning of the country, whether you were enslaved Africans who pursued freedom through various dynamics, we are continuing that tradition today. This is a part of that.”
Adelante said both Baltazar and his son were sent to Etowah County Jail. Cox said they have been placed in proceedings and have not been ordered by the federal immigration court to be removed from the U.S.
"This is the beginning of the process not the end. They are now going to have their day in court," Cox said. "Then that judge will ultimately decide if they are eligible for any benefits to stay in the country lawfully or if they will be ordered to be removed from the U.S."
Adelante believes Baltazar should be released because they don't have any criminal history and were complying with the government.
“Although ICE did not break the law by detaining Marcos and Juan, their decision to detain them was not only unnecessary, but bewildering and cruel,” Adelante said in a statement.