Immigrants previously granted protection, now facing expulsion by ICE, are likely victims of criminal acts
In a series of events that have unfolded in Muscatine County, Iowa, a young man named Hernandez finds himself caught in a web of crime and immigration issues.
Hernandez is seeking a U visa, which would make him eligible as a victim of a felony assault and key witness against the two charged in the attack. However, the Muscatine County prosecutor Jim Barry has yet to certify Hernandez's eligibility for a U visa. This delay could potentially impact his case and his future in the United States.
The trouble began when Hernandez had a encounter with Kimber Kallenberger, a 20-year-old woman he had been in touch with through a community Facebook forum. After a misunderstanding, Kallenberger allegedly told police that she had falsely told Hernandez she would have sex with him for cash in a plot to set him up to be robbed by her boyfriend, Justin Bass.
Tragically, after Hernandez refused to give money to Kallenberger, Bass shot him and took off running. The incident led to a manhunt, and Bass was eventually arrested along with Kallenberger on July 2.
Hernandez's lawyer, Emily Rebelskey, has argued that his chances of recovering normal use of his leg are diminishing due to his confinement in Muscatine County Jail. Rebelskey also stated that Hernandez has not been attending follow-up appointments at a trauma clinic and is not receiving any physical rehabilitation services.
The case took a turn when, due to a miscommunication with an ICE officer, Hernandez missed an immigration court bond hearing by video on July 24. This led to a ruling by U.S. District Judge Rebecca Goodgame Ebinger in Iowa, who ordered immigration authorities to provide Hernandez a bond hearing within seven days, saying his detention was causing "irreparable harm."
However, the hearing was rescheduled for three weeks later, during which an immigration judge agreed with ICE that Hernandez was subject to mandatory detention and ineligible for bond.
The family of Hernandez has been severely affected by his detention. They have taken out loans to pay their bills due to the financial strain, and Hernandez's 9-year-old son has only been able to talk to him twice since his detention. Hernandez's mother, Guadalupe Hernandez Marcelo, has not visited him in jail out of fear of authorities.
In a heart-wrenching moment during his testimony on Sept. 5, Hernandez pleaded with the judge to protect his family from retaliation, saying they had done nothing wrong.
It's important to note that the policy that had protected many victims of crimes from arrest and deportation by Immigration and Customs Enforcement (ICE) was ended by the Biden administration in January 2022. This policy, which protected immigrants who have been crime victims, including those carrying U and T visas, from detention and removal, has now been rescinded, adding another layer of complexity to Hernandez's case.
As the case continues to unfold, Hernandez and his family await a decision that could change their lives forever.
