Houston: El Salvadoran mother reunites with son after ICE arrest despite legal status

HOUSTON - After weeks of uncertainty, an El Salvadoran mother and her son are back home in Houston following his unexpected detention by ICE during an operation in Fresno, Texas. Despite having proper documentation, Kevin Zaldaña was arrested and detained, leaving his family in distress.

What they're saying:

Kevin Zaldaña expressed relief at being reunited with his mother, Yolanda Santos, after his release. 

"It took me by surprise because I was certain that I wouldn’t be arrested. I have social security, I have all my documentation in order. All of a sudden, they took me and put handcuffs on me," Zaldaña said.

The incident occurred while Zaldaña was at work during an ICE operation targeting gang members. Despite presenting his documents, ICE officials claimed they were fake and that he had a deportation order. 

"The ICE official told me that I didn’t show up in the system and that my social security was fake and that I had an order of deportation. I knew that was a lie. So everything took me by surprise," he explained.

ICE statement

The other side:

"Kevin Alexander Zaldana-Ramirez, a 20-year-old undocumented alien from El Salvador, illegally entered the United States on an unknown date and at an unknown location without inspection, admission, or parole by a U.S. immigration officer. He was encountered by the U.S. Border Patrol in the Rio Grande Valley, Texas, Nov. 1, 2018, and placed into immigration proceedings. An immigration judge from the Justice Department’s Executive Office for Immigration Review ordered Zaldana-Ramirez removed from the U.S. to El Salvador, July 25, 2019. Zaldana-Ramirez appealed that decision to the Board of Immigration Appeals; however, the government dismissed his original removal order without prejudice before a decision could be made leaving the option open for the government to initiate immigration proceedings in the future should he remain in the country without lawful status.

U.S. Immigration and Customs Enforcement encountered Zaldana-Ramirez Feb. 25, during a joint operation with the Texas Department of Public Safety targeting transnational gang members in Fort Bend County, Texas. During the encounter, it was discovered that Zaldana-Ramirez had not obtained lawful status and was still in the country illegally. Based on the current immigration enforcement priorities, he was taken into ICE custody and immigration proceedings were initiated. Zaldana-Ramirez was released from ICE custody on bond March 19, pending disposition of his immigration proceedings.

Zaldana-Ramirez’ authorization to work in the U.S. does not confer him with any form of lawful status in the U.S. and does not prevent ICE from detaining or placing him into immigration proceedings."

What is a Juvenile Visa?

What we know:

Zaldaña, 20 years old, entered the U.S. legally through the Special Immigrant Juvenile Status (SIJ), known as the "Juvenile Visa," a humanitarian program allowing certain immigrant youths to apply for lawful permanent residency. 

He was arrested by ICE during an operation, then released on bond.

ICE targeting gang members during operation

Zaldaña arrived in the U.S. when he was 14 and has been working to provide for his visually impaired mother since he was 16, using a work visa through SIJ classification. However, ICE suspected him of being a gang member and accused him of being in the country illegally. 

Zaldaña was on lunch break with some of his co-workers on Feb. 25. On their way back to work, a patrol officer trailed behind their car and pulled them over, according to Zaldaña. 

He was asked if he was a gang member, and if he had any tattoos. He was also asked if he had a criminal record. 

"I responded no," he said.

Mother reunites with her son 

"My son is not a criminal. He was arrested at work. They didn’t arrest him for doing any illicit activity," Santos emphasized.

The emotional reunion was captured on camera, marking a moment of joy for both mother and son. 

"It was a moment of joy. I was so happy to know that my son was coming home after being away. I would often think about his wellbeing. I didn’t know if he was sleeping well or if he was eating," Santos said.

Since returning home, Zaldaña has been gradually adjusting to normal life. 

"I’m barely getting some good sleep. I still have nightmares that I’m detained. It’s a frustrating feeling, I live in fear," he said.

What's next:

Kevin Zaldaña's fears may soon be alleviated as U.S. Customs and Immigration Services have approved his application for permanent residency, with his green card expected to arrive shortly. ICE did not respond to requests for comment in time for this report.

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