Colony Ridge ICE arrest: Man released after month-long detention

CLEVELAND, Texas - U.S. Immigration and Customs Enforcement arrested Erik Payán Ibarra, a 51-year-old undocumented immigrant from Mexico, on February 25 during a worksite enforcement investigation at his business, Payan Tire Shop, located in Colony Ridge, Texas.

Payán was released and was able to reunite with his family.

Arrested at his place of business: Payan's Tire Shop

What they're saying:

"I never thought ICE would arrest me here. I know this is a public place because it’s open and people come here for my business, but I never thought they would arrest me here," Payan said.

Detained for 27 days inside Montgomery Processing Center

Payan said there were a lot of immigrants detained and everyone treated each other well among the detainees. When it came to officials, some were nice, others treated them horribly. 

"It was very cold. I left that place sick. Thank God my wife was able to get me medicine and make me tea. I’m still on medication, but I’m feeling much better," Payan said.

Family separation 

Payan has a daughter with an amputated leg that was hospitalized days before he was detained due to an infection in her leg. His granddaughter also had open-heart surgery. 

"I was in shock when the attorney called me and told me the judge granted my husband’s release. I was crying on the phone. All I could say was ‘Thank God’. "I had to scramble to come up with the $5,000 dollars for his bond," Morales said.

Out on bond, immigration case continues

Payan is represented by immigration attorney Silvia Mintz, who took on his case pro bono. Mintz believed Payan's lack of criminal history, zero arrests, and hardship story could be favorable before an immigration judge. 

"After reviewing the case, I knew that we could prove that he’s not a danger to the community. That he’s not a danger to the community, he’s not a flight risk, and he has ties to the community. Those are the three elements that you need to prove in order to get released on bond," Mintz said.

Man arrested during Colony Ridge ICE operation released on bond

The backstory:

ICE conducted a targeted enforcement operation between Feb. 23 and March 2 that spanned 57 counties in East Texas to bolster public safety, national security, and border security, according to an ICE spokesperson.

What we know:

According to a press release from Mi Familia Vota, Payán was granted bond during a hearing on March 20.

The group says Payán is a long-time Texas resident, a grandfather and a small business owner.

Payan entered the country legally with a work visa but overstayed his visa.

What we don't know:

Further details could cannot be disclosed at this time because of an ongoing investigation into Payán and his business for potential federal law violations, according to ICE.

What they're saying:

"Payán was arrested at his tire shop in Colony Ridge, Texas, while his wife, Alejandrina Morales, watched helplessly through security cameras. His detention came as his daughter recovered from an amputation and his granddaughter battled a congenital heart condition. His detention reflects the racialized immigration enforcement tearing families apart across Texas," the release from Mi Familia Vota says.

Verifying employment practices

Dig deeper:

ICE Homeland Security Investigations (HSI) focuses on the criminal prosecution of employers who knowingly violate immigration laws. Their strategy includes using I-9 audits and civil fines to ensure compliance. The Immigration Reform and Control Act of 1986 mandates employers to verify the identity and work eligibility of employees using the Employment Eligibility Verification Form I-9.

ICE HSI employs the I-9 inspection program as part of a broader strategy to deter illegal employment practices. These inspections are crucial tools for enforcing U.S. employment laws. Worksite enforcement investigations may also uncover other criminal activities such as alien smuggling, human trafficking, money laundering, document fraud, worker exploitation, and substandard working conditions.

By ensuring legal hiring practices, ICE aims to protect jobs for U.S. citizens and lawful workers, eliminate unfair competitive advantages, and enhance public safety and national security.

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