Honduran woman detained by Houston police due to ICE error

HOUSTON - A Honduran woman was detained by Houston police for an hour after calling for help during an emergency, due to an error in the Immigration and Customs Enforcement (ICE) system.

What we know:

Guadalupe Perdomo experienced frightening moments when her car caught fire while she was driving to work. As firefighters arrived to extinguish the flames, Houston police also responded and subsequently contacted federal authorities.

ICE error leads to wrongful detention

What they're saying:

Perdomo, who was wrongfully detained, recounted the incident: "They told me to turn around and put handcuffs on me. I told them, ‘Why are you detaining me if I have nothing illicit in the car?’ The officer said they were following protocol."

Officers questioned Perdomo about her sobriety, whether she had started the fire, and if she had any weapons. Upon running her information, their system indicated she had a deportation order, leading to her detention.

"I was shocked because, with my current status, I knew I had everything in order," Perdomo said.

Perdomo entered the United States seeking asylum in 2018, fleeing an abusive husband in Honduras. She won her asylum case, but an ICE error led to her wrongful detention.

"HPD called ICE, and an ICE official told them to let me go because there was an error in the system. ICE saw that I had all the proper documentation," she explained.

The backstory:

Naimeh Salem is an immigration attorney and has been helping Perdomo with adjusting her immigration status since the two met six years ago. Salem explained to FOX 26 how Perdomo's history with federal immigration court could have led up to this mistake.

"Ms. Perdomo had an order of deportation in abscencia because she wasn’t able to go to court and the judge entered her order of deportation," Salem said.

Order of removal dismissed

"So when she came to us, we were able to reopen proceedings and get that order of removal dismissed, and we terminated proceedings for her. So, she did not have an order of deportation when she was arrested. She does not have an order of deportation right now," Salem said.

Perdomo is also in the process of obtaining her U-visa. 

"She’s [Perdomo] eligible to get a work permit, social security number, and eventually, when there are visas available, she’ll get her U-visa and then, three years later her permanent residence," Salem said.

What is a U-visa?

Dig deeper:

A U-visa is a nonimmigrant status for victims of certain crimes who have suffered physical or mental abuse and are helpful to law enforcement or government officials in the investigation or prosecution of the crime. If certain conditions are met, a person with a U visa may be able to adjust to lawful permanent resident status (a green card). 

What Houston leaders are saying

The other side:

FOX 26 reached out to HPD and they sent a statement:

"While HPD officers do not ask about immigration status, they are required to contact the issuing agency when they encounter a person with a warrant. After verifying the warrant with ICE, the officer detains the individual and transfers custody to an ICE agent. Our department places the highest value on maintaining a safe, crime-free community. HPD routinely cooperates with our federal, state, and local partners while also following our own policies and procedures. Those policies are publicly available on our website."

During a city council meeting on January 28, Mayor John Whitmire, had a message for the immigrant community. 

"We’ve been very clear HPD has not participated on federal efforts. HPD enforces state laws and will hold violators of state laws, and we’ll hold violent offenders accountable regardless of your immigration status," Whitmire said.

Salem met with officials at the beginning of the year, and she was told HPD would follow state laws, but she says that has since changed.

"Now their answer is that they’re obligated to inform when they have someone in their custody that has an order of deportation. They need to inform ICE but in this case she didn’t have an order of deportation, and she was in handcuffs," Salem said.

Dig deeper:

Perdomo is speaking out to raise awareness about the potential mistrust between the immigrant community and local authorities. "How are they going to call the police? They’re going to be scared. Authorities are not helping us out. The first thing they do is ask for your immigration status and check to see if you have a deportation order," she said.

Fix their system

"They need to figure out how to make their systems work correctly so this doesn’t happen again," Salem said.

ImmigrationHoustonHouston Police Department