ICE Arrests Man With Felony Record in Removal Proceedings
A 51-year-old man from Mexico is now in ICE custody in Kansas City after agents linked a drone violation near Arrowhead Stadium to his prior removal order and felony conviction. He had been deported once before — and came back. That combination, lawyers say, puts anyone in a nearly impossible position in immigration court.
What happened in Kansas City
On July 3, 2026, federal agents caught Jose Garrido-Benitez flying a drone within 2.5 miles of Arrowhead Stadium during World Cup events — a federal no-fly zone violation. Agents seized the drone and notified ICE the same day. ICE Kansas City officers arrested him on July 6 for being unlawfully present in the United States. He remains in ICE detention pending removal and will receive due process under federal law, according to ICE Kansas City acting Assistant Field Officer Director Chris Chamberlain.
The case shows how a non-immigration incident — a drone violation — can trigger an ICE arrest. Garrido-Benitez had been arrested six times by Kansas and Missouri law enforcement between 1999 and 2004. He was removed from the United States in 2003. He reentered unlawfully after that removal, which is a federal felony. In 2004, he was convicted of felony forgery and sentenced to five years in a Missouri prison.
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Immigrant rights, appeals and protective measures
Why a prior removal order changes everything
If you have a prior removal order on record, ICE does not need to start a new immigration court case from scratch. Agents can file to reinstate the original order — a process called reinstatement of removal. This skips the standard immigration court hearing in most cases and moves directly toward deportation. A felony conviction, especially for a crime involving fraud or dishonesty like forgery, also makes it much harder to qualify for relief such as cancellation of removal or voluntary departure. ICE has stated that nearly 70% of its current arrests involve people charged with or convicted of a crime in the US.
What to do if you have a criminal record or prior removal order
- If you have ever been removed or deported from the US, talk to an immigration lawyer before any contact with law enforcement — even a minor incident can trigger ICE notification.
- If ICE arrests you, you have the right to remain silent and the right to contact an attorney. Do not sign any documents without legal counsel present.
- Ask about a bond hearing. In some cases, even people with criminal records may request a bond hearing before an immigration judge, though prior removal orders and felony convictions make release less likely.
- If you receive a reinstatement of removal notice, you may still have limited options — including a fear-based claim if you face persecution in your home country. An attorney can assess whether this applies to your situation.
A full breakdown of this topic — in our guide “Deportation Defense”.
Fishkin Law Firm, New York
A prior removal order combined with a felony reentry charge is one of the most difficult situations in immigration law — reinstatement of removal bypasses standard immigration court and leaves very few options. That said, if you have a credible fear of persecution or torture in your home country, you still have the right to a reasonable fear screening before a USCIS asylum officer, even under reinstatement. Anyone in this situation should consult an immigration attorney immediately, because the timeline from arrest to removal can be extremely fast.
Frequently Asked Questions
Can ICE arrest me for something that has nothing to do with immigration, like a traffic stop or a drone violation?
Yes. Any contact with law enforcement can result in ICE being notified. If agents check your name and find an immigration hold, prior removal order, or outstanding warrant, they can take you into custody. This is how many ICE arrests happen — not through immigration raids, but through referrals from local law enforcement or federal agencies.
What is reinstatement of removal, and does it mean I skip immigration court?
Reinstatement of removal is a process where ICE reinstates a prior deportation order without a new hearing before an immigration judge. If you were previously removed and reentered illegally, ICE can use this process to deport you again, often much faster than a standard removal case. You generally do not get a new full hearing, but you do have the right to a fear screening if you claim danger in your home country.
Does a felony conviction automatically mean I will be deported?
Not automatically, but a felony conviction — especially for crimes involving fraud, violence, or drug trafficking — severely limits your options in immigration court. Many felonies qualify as 'aggravated felonies' under immigration law, which can bar you from most forms of relief. An immigration attorney can review your specific conviction to tell you what options, if any, remain.
If I am in ICE detention, can I request a bond hearing?
In many cases, yes — you can ask an immigration judge for a bond hearing to be released while your case is pending. However, if you have a prior removal order, a felony conviction, or are considered a flight risk or danger to the community, the judge may deny bond or set it very high. You have the right to have an attorney represent you at a bond hearing.