Robbinsdale ICE arrest: Video shows agents arresting man while daughter cries, records
Federal agents detain a man in Robbinsdale. (Credit: GoFundMe) (FOX 9)
ROBBINSDALE, Minn. (FOX 9) - Footage of an ICE arrest in Robbinsdale shows a woman crying while she records agents taking her father away.
FOX 9 will update this story when more information becomes available.
ICE arrest in Robbinsdale
What we know:
Videos from multiple angles show two ICE agents arresting a man who is clinging to a post attached to the front porch of a home.
The man's daughter can be heard saying, "He's in the process of getting papers! Why are you taking him?"
An agent punched the man in the face before the man was dragged to the backseat of a vehicle and pushed inside by the agents.
Dig deeper:
FOX 9 has confirmed that the man taken by ICE is Jose Ruelas Viorato, 45 years old, and that he was born in Mexico.
He is currently listed as in custody at Sherburne County jail, which is known to hold ICE detainees.
Court records show he has no violent history, but does have multiple traffic violations and petty misdemeanor for trespassing on private property at a campground.
Lawyer says arrest was unlawful
Habeas Corpus petition:
An attorney for Viorato, Carrie Huxford Peltier, is claiming the arrest itself was unlawful and that agents lacked a warrant to detain him.
The Habeas Corpus petition states that Viorato was returning home after buying groceries when armed agents emerged from multiple vehicles and ran toward him. Viorato then ran about 20 feet toward his front door before agents tackled him, handcuffed him and put him in a vehicle.
According to the petition, agents did not know who Viorato was until they checked his driver's license.
Viorato's attorney is arguing that the agents had no arrest warrant and lacked sufficient grounds to believe he was not in the country legally.
The Habeas filing also says Viorato entered the country "without inspection" back in 1997 and operates a cleaning business with his domestic partner.
The attorney also states a family immigration petition filed by Viorato's father in 1999 preserves his eligibility to seek permanent residence without leaving the United States, adding "The government has known of his presence and his family relationship to a lawful permanent resident since 1999 and chose not to detain him."
The petition also claims the arrest violated federal immigration law, Fourth Amendment protections against unreasonable Seizures, Fifth Amendment due process protections and the Administrative Procedure Act.
Awaiting DHS response
What they're saying:
The Department of Homeland Security has not yet responded to a FOX 9 request for information.
City Council member responds
The other side:
Robbinsdale City Council Member Alejandro Caceres Aranda shared the following post:
"This morning, ICE took one of our neighbors. A father, husband, and member of our Robbinsdale community with no criminal record. I have been with the family for most of the day as we try to figure everything out. If there is any community support the family may need as the situation develops, I will be sharing ways to get involved per family request. Thank you to our neighbors for bringing this to my attention."
Robbinsdale police say they weren't involved
Local perspective:
A news release from the Robbinsdale police department said they received a 911 call at 7:13 a.m. from a home in the 3600 block of 31st Avenue North from someone who said ICE was taking her dad.
A responding officer then arrived in the area and said there was no law enforcement of any kind, according to the news release. Police also called the number that dialed 911, but nobody answered.
That officer then spoke to the woman who called 911, who said "she knew there was nothing" police could do and that she "didn't know why she called," before going back inside the home, according to Robbinsdale police.
The news release states the officer then cleared the scene "less than two minutes after his arrival.
Robbinsdale police emphasized that its officers are trained on the City of Robbinsdale's Separation Agreement and that they did not have contact with any law enforcement agency when responding to the call.
The Source: This story uses information shared and video shared by a Robbinsdale City Council member.