ICE Arrested Him in His Driveway. His Town Fought Back.
ICE agents handcuffed 23-year-old Gerson Turcios in front of his house in Rhinebeck, New York, on July 18, 2025 — after asking where he was from and photographing him. He had no criminal record. Within 24 hours, his neighbors had launched a legal defense fund, and one of the country's top deportation defense attorneys was already reviewing his case.
Turcios had crossed the Rio Grande as a teenager, fleeing violence in Honduras. He settled in Rhinebeck, finished high school, learned English, and built a small lawn care business. He had a pending immigration case — but years of pandemic-era court chaos had left him in legal limbo. ICE picked him up anyway.
Why an Old Deportation Order Made Things Dangerous
Attorney Gregory Copeland, co-founder of the Rapid Defense Network, took the case. The first thing he checked was Turcios's A-Number — the alien registration number assigned by the Department of Homeland Security to every non-citizen. What he found was serious: years earlier, an immigration judge had issued a deportation order against Turcios "in absentia" — meaning Turcios wasn't present at the hearing. During the pandemic, courts repeatedly changed locations. Turcios missed a notice even though he had never moved. That old order gave ICE the legal authority to remove him quickly, without a new hearing.
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Immigrant rights, appeals and protective measures
Copeland identified two immediate red flags. First, Turcios had his passport on him when arrested. ICE needs a travel document and a final removal order to deport someone — having the passport meant the government already had one of the two things it needed. Second, Copeland watched closely to see whether Turcios would be transferred to Louisiana, which functions as a staging location for deportations. He had not been — yet. Copeland filed a habeas corpus petition, a constitutional tool that forces federal courts (not just immigration courts) to review whether a detention is lawful. That moved the case out of the immigration court system, where immigrants have fewer protections, and into federal court. Meanwhile, the Rhinebeck community raised tens of thousands of dollars in days, filled a bus to the Thurgood Marshall Courthouse in New York City, and recruited actors and filmmakers who lived in town to amplify the case publicly.
What to Do If ICE Arrests You or Someone You Know
- Do not answer questions about your birthplace or immigration status. You have the right to remain silent. Turcios's arrest began when agents noticed his accent and asked where he was from.
- Ask for a lawyer immediately and do not sign any documents before speaking with one. Signing a "voluntary departure" form waives important rights.
- Get your A-Number to an attorney as fast as possible. That number lets a lawyer check your status, locate you in the detention system, and identify any existing removal orders before ICE acts on them.
- Contact a local rapid-response network. Organizations like the Rapid Defense Network provide emergency pro bono legal support to immigrants facing deportation. Time is critical — transfers to deportation staging facilities can happen within days.
A full breakdown of this topic — in our guide “Appealing to the BIA”.
Fishkin Law Firm, New York
An in absentia removal order is one of the most dangerous situations an immigrant can face, because ICE can act on it immediately without scheduling a new hearing. The good news is that federal courts can review these detentions through a habeas corpus petition — but that filing must happen fast, often within days of arrest. If you or someone you know has ever missed an immigration court date, even due to a court error or a mailed notice that never arrived, get an attorney to check your record now, before ICE does.
Frequently Asked Questions
Can ICE arrest me just for not answering questions about where I'm from?
You have the right to remain silent and are not required to answer questions about your immigration status or birthplace. However, ICE agents can detain you if they have reason to believe you are undocumented. In Turcios's case, agents photographed him and placed him in handcuffs after he declined to answer. Staying silent is your right — but it does not guarantee you won't be detained.
What is an in absentia deportation order, and how do I find out if I have one?
An in absentia order is issued when an immigration judge rules against you at a hearing you did not attend. This can happen even if you never received the notice — for example, if the court mailed it to an old address or changed the hearing location. An immigration attorney can check your A-Number in the government system to find out if such an order exists. If it does, there are legal ways to challenge it, but you need to act before ICE does.
What is a habeas corpus petition and how does it help in deportation cases?
A habeas corpus petition is a request filed in federal court — not immigration court — asking a judge to review whether your detention is lawful. The U.S. Constitution guarantees this right. Filing one can move your case out of the immigration court system, where protections are limited, and into federal court, where due process standards are higher. It can also temporarily stop a deportation while the court reviews the case.
What should I do if I missed an immigration court hearing during the pandemic?
Contact an immigration attorney immediately. Courts issued thousands of in absentia orders during the pandemic because notices were mailed to wrong addresses or hearings were rescheduled without proper notification. In many cases, it is possible to file a motion to reopen the case — but there are strict deadlines, and the longer you wait, the harder it becomes. Do not assume the problem went away on its own.