Future for 2 more Utah immigrants up in the air after detention by immigration agents

WEST VALLEY CITY — Another video of immigration officials in action here in Utah is making the rounds and the future of two more immigrants who have been living in the state is up in the air.

Lily Gonzalez, the wife of one of the two men, a Salvadoran immigrant, is reeling following the action Thursday at a West Valley auto body shop and questioning how events unfolded. The U.S. Customs and Border Protection agents involved apparently shattered a glass door to forcibly make their way into the business, according to Gonzalez, whose husband, Wilmer Menjivar, was detained along with Ismael Avalos, owner of the body shop.

"We can never, ever arrest anybody without a reason, without a suspicion, without a warrant," Gonzalez, born in the United States, said Monday. Gonzalez, called to the scene by her husband, a body shop employee, recorded video of part of last Thursday's encounter, vociferously shouting down the agents, who told her they didn't need a warrant.

Adam Crayk, who's representing both men, said authorities had issued a deportation order against Menjivar, though it was issued in his absence, without him knowing about it. He likely faces an uphill battle to make the case to stay in the country.

"It's looking pretty bleak," Crayk said.

Crayk is holding out more hope for Avalos, who is originally from Mexico and has been living in the United States for 27 years without any major encounters with the law. He has four U.S.-born children and has been operating Viper Auto Care, the business where the incident occurred, with "no criminal history other than some minor traffic offenses," Crayk said. "He does have options."

Last week's incident is another in a string of encounters in Utah involving immigrants and immigration agents as the federal government's crackdown on illegal immigration unfolds. Customs and Border Protection officials didn't respond to a query Monday about what transpired last week. But Gonzalez spoke.

The woman said events unfolded as her husband was driving to work at Viper. The agents were following him, she said, and, unsure who they were and nervous, he entered the business upon arrival and locked the door behind him. The agents subsequently broke through the glass door in pursuit, ultimately detaining him and Avalos, who had already been inside the building.

According to the National Immigration Law Center and other legal resources, immigration agents may enter public areas of businesses without permission, including lobbies and waiting areas. However, they can enter "private" areas of businesses only with the permission of the business owner or a judicial warrant.

"A judicial warrant must be signed by a judge and say 'U.S. District Court' or a state court at the top. Without a judicial warrant, ICE agents need your permission to enter private areas of your business," read the law center guidelines.

As Crayk sees it, though, the incident, as it actually unfolded, may fall into a gray area of the law.

Gonzalez, called by her husband before he was detained, said the three agents on the scene at Viper, when she arrived — wearing U.S. Customs and Border Protection vests — didn't present a warrant. In her video, taken after her husband had been detained and removed and as Avalos was being arrested, she asked the officials to show paperwork. The area appeared to be the garage of the body shop.

"Where's your guys' warrant?" she says, her camera pointed at the agents.

"Stay back," one answers.

"Where's your guys' (expletive) warrant?" she says.

"Stay back," an agent answers.

"No, where's your warrant?" Gonzalez repeats. "Where's the warrant? Where's the warrant?"

"I don't need one," an agent says.

Ultimately, the agents placed Avalos, who appeared to be cooperative in the video, in handcuffs and left. Gonzalez's husband, Menjivar, entered the country illegally, she said, and though she's had on-and-off contact with him since his arrest, she wasn't sure where he was as of Monday. At any rate, he's been working here in the country and hasn't had any criminal run-ins with the law.

"He's complied with everything they've asked him. He's paid his taxes every single year," said Gonzalez, who has three U.S.-born children with Menjivar, aged 4-12. She's mulling the prospect of moving to El Salvador with their three kids should Menjivar be deported.

Did authorities have to break the door?

As for the legality of Thursday's encounter at Viper between the Customs and Border Protection agents and Menjivar and Avalos, Crayk said it's a matter of potential debate.

Authorities had issued a deportation order against Menjivar, though he may not have known about it, and agents have leeway to pursue such suspects as they flee if they worry they may otherwise escape. Among the questions, though — did authorities have to destroy the door in entering the business to track him or could they have waited for a judicial warrant before entering?

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"So then the question becomes, do you have authority if there is no point of egress other than that front door? Has that become such an emergency situation that you have to bash in a window? I don't know. I'm not sure," he said. "I would argue that if there is no other point of leaving or an escape route, then you could just simply wait there at the door. You could summon local police as well to help and then you just simply get your warrant and effectuate the arrest."

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