Moment when the ICE agent is verifying the immigration status of Yair Alexander Nápoles and Edwin Godínez (Image taken from the original video/Courtesy of Yair Alexander Nápoles)
Originally published at Enlace Latino NC. La versión original en español se encuentra aquí.
Two young Latino U.S. citizens experienced dramatic moments during an interaction with U.S. Immigration and Customs Enforcement (ICE) agents that occurred on Monday, January 5, in the North Carolina town of Salisbury and was captured on their cell phones.
The interaction occurred around 8:00 a.m., when Edwin Godínez, 29, and his stepbrother, Yair Alexander Nápoles, 22, were heading to a parking lot near their home to retrieve the van in which two of their workers had been arrested earlier by ICE.
What Happened?
Teresa De la Rosa told Enlace Latino NC that her family owns a construction company, and that when her son Edwin and her stepson Yair arrived at the location, they were intercepted by immigration agents.
“They asked for their papers, and Yair, who was a passenger, handed the driver’s licenses to an officer,” De la Rosa said.
In the original video, which is over five minutes long and was reviewed by Enlace Latino NC, Nápoles asked the officer, who was not wearing a mask at the time, if he could record with his cell phone for his own safety. The officer replied, “Sure,” and then covered his face with a mask.
@enlacelatinonc 🚨 Video desde Salisbury NC – uso de fuerza de ICE El material muestra la detención de una familia por agentes del ICE, ocurrida dos días a... See more
The mother said that shortly afterward, while the agent was verifying the immigration status of the young men, other agents arrived, and that is when the struggle began.
“A dark-skinned officer and a white officer arrived and said they couldn’t record, and they started attacking them inside the vehicle. The dark-skinned officer began assaulting my son, injuring his face, pushing him, ripping off an earring, and scratching his neck. He also punched him in the chest and abdomen. They took his cell phone and his car keys,” De la Rosa explained.
“Edwin was also mistreated,” she added.
The video shows an ICE agent grabbing Edwin by the chest while another agent also holds him.
Regarding the use of force by ICE agents during their operations, there is no clear agency policy.
In August, during an interview with Enlace Latino NC and The Charlotte Observer, María Somers, Deputy Director of ICE’s Charlotte field office, said that “people can often be very challenging.”
“It all depends on the situation and the level of cooperation from the person. The truth is, we’re making an arrest and people start running or fighting,” Somers said.
Two Days Before Minneapolis Shooting
The Salisbury incident occurred two days before the tragic event in Minneapolis, in which a white woman, Renee Nicole Good, was shot and killed by an ICE agent.
The death occurred during an ICE immigration operation in that city’s neighborhood.
While Department of Homeland Security (DHS) spokesperson Tricia McLaughlin stated that the woman “used her vehicle as a weapon, attempting to run over the officers,” local officials said they had reviewed video footage that contradicted those claims.
The organization Voto Latino demanded that DHS take responsibility for the death.
“What happened [Wednesday] in Minneapolis is unconscionable. A woman lost her life at the hands of ICE agents operating in our neighborhoods, where witness accounts don’t align with DHS’, and there is no justification for the level of force that continues to be deployed against our communities. Our hearts are with the families and loved ones of the Minneapolis woman whose life was unjustly taken away,” the organization said in a statement.
Proof of Immigration Status
Back in August, Somers said that sometimes it is not clear whether the people they arrest are U.S. citizens.
“If they don’t have proof of citizenship or status or whatever, maybe that’s where that perception comes from. But at the end of the day, we’re not going to arrest someone who’s not eligible. That’s not acceptable,” she said.
Since most people who are legally in the country usually only carry a driver’s license, Somers was asked whether it was necessary for citizens to carry a U.S. passport and for residents to carry a green card.
“That’s what they should already be doing. You’re supposed to be able to present identification and documentation proving that you are here legally when asked,” the deputy director said.
The organization Siembra NC corroborated the Salisbury incident in a statement and expressed its outrage.
“From small rural towns to metropolitan centers, ICE is starting the new year by arriving in unmarked vehicles, tactical gear, and masks to detain essential workers and mistreat anyone who gets in their way,” said Siembra’s co-director, Nikki Marín Baena.
Godínez said in the same statement that they “demand that officers stop abusing the community.” The young man is a graduate of North Rowan High School. “They are arresting hardworking people, not hardened criminals,” he added.
Nápoles said that federal agents should not be targeting the immigrant community because of the color of their skin.
“They kept telling me, ‘You’re not a citizen, you’re not a citizen,’ even when I told them I was, just because of how I looked,” Nápoles, who was born in Roxboro, North Carolina, added.
Still in Shock
According to De la Rosa, her family is still in shock after the incident.
“It’s all trauma. They are still in pain, and neither they nor I can sleep. I even had to go to the emergency room that day because I felt very bad,” she said.
De la Rosa, who also arrived at the parking lot, managed to make a video where her children’s vehicle is seen surrounded by several ICE agents, and one of them orders her to keep her distance.
“I arrived when it was all over, but it seems they realized they were citizens and told them to leave,” she said.
The two workers arrested moments before, both Guatemalan nationals, were supervisors of the family business that De la Rosa and her husband started seven years ago.
De la Rosa said they expect to file a formal complaint against the ICE agents.
“I think that was excessive, and they also violated their rights. They were citizens,” De la Rosa stated.
“My son told them several times that they were citizens, but they didn’t believe him,” she added.
De la Rosa indicated that they had already contacted attorney Carnell Johnson because they believe there was abuse and racism against the two young men.
“Why didn’t they wait for the result of the other officer’s call to verify that they were indeed citizens? They could have avoided all this commotion,” the mother said.
For his part, attorney Johnson said in an interview with Telemundo Charlotte that “there was a violation of the constitutional rights of the two young men.”
“The officer said in the video, ‘Put your phone down.’ That’s a violation of the Constitution,” the lawyer said in the interview.
Enlace Latino NC contacted ICE spokesperson Lindsay Williams for a statement regarding the incident, but as of the publication of this article, she had not responded to the request.
Patricia Ortiz is Enlace Latino NC’s community journalist. Of Colombian origin, Patricia covers a variety of topics related to the Latino community in North Carolina. Her journalistic work has been recognized with 17 José Martí Awards from the National Association of Hispanic Publications (NAHP). Patricia is also part of Report for America.
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What We’re Reading
Minnesota Asks Public for Help: Via the Minnesota Reformer, “Minnesota prosecutors are asking the public for evidence in the killing of a 37-year-old Minneapolis woman by an ICE agent on Wednesday after the Trump administration froze local law enforcement out of the investigation.”
Julio Ricardo Varela edited and published this edition of The Latino Newsletter.