Father Shot in Iowa Faces Deportation After Hospital Stay

Days after being shot during an attempted robbery, 28-year-old Felipe de Jesus Hernandez Marcelo left the hospital on crutches, facing not only physical recovery but also the looming threat of deportation. On June 21, Hernandez was shot in both limbs in Muscatine, Iowa, an incident that nearly cost him his life.

Hernandez’s ordeal began early that morning when a suspect shot him during an attempted robbery. Quick emergency response teams provided crucial care, but the bullet had traveled through his arm and leg, leaving him with severe injuries. Following his release from the hospital, Hernandez sought to reclaim his belongings that had been seized by police, unaware that his visit would lead to his arrest.

The situation escalated dramatically when Hernandez was detained by authorities due to an outstanding warrant related to a traffic violation. He had entered the United States illegally from Mexico and had been living in Muscatine since 2021. His arrest occurred just days after the shooting, marking a troubling trend for crime victims in the U.S. under the current immigration policies.

Victims Caught in Immigration Enforcement

Hernandez is among a growing number of crime victims who find themselves detained pending removal proceedings. This development follows changes in policy by Immigration and Customs Enforcement (ICE) during the Trump administration, which rescinded guidelines that had previously offered some protection to victims of crimes.

“Any contact with law enforcement puts you in danger of detention by ICE,” said Dan Kowalski, a retired attorney and immigration law expert. Critics argue that these policies not only harm individual victims but also pose a risk to public safety by discouraging undocumented individuals from reporting crimes.

Since January, the number of applications for U visas—designed for crime victims—has significantly declined. Many of those who attempt to apply for such visas face detention, and the new policies do not prioritize victims’ cooperation with law enforcement.

Hernandez remains in custody in Muscatine County Jail, where he has faced numerous challenges. His physical condition has deteriorated, and he has been denied necessary medication for days. As he recovers from his gunshot wounds, he has been unable to attend medical appointments or work at the construction job that supported his family.

Legal Battles and Family Impact

Hernandez’s family is grappling with the impact of his detention. His 9-year-old son, who has only spoken to his father twice since the incident, is struggling with the separation. Hernandez’s mother, Guadalupe Hernandez Marcelo, expressed her distress, stating, “What’s happening to my son is very unfair.” She has refrained from visiting him due to fears of law enforcement.

The legal landscape surrounding Hernandez’s case has shifted dramatically. U.S. District Judge Rebecca Goodgame Ebinger ruled on September 10, 2023, that Hernandez’s detention without a bond hearing was unlawful, ordering immigration authorities to conduct a bond hearing within seven days. This ruling underscores the ongoing legal debates surrounding detention policies for immigrants without criminal histories.

Investigators have linked Hernandez’s shooting to a robbery plot orchestrated by a young woman who had contacted him through social media. The alleged shooter, Justin Bass, and the woman, Kimber Kallenberger, were arrested shortly after the incident. Bass faces serious charges, while Kallenberger has entered a plea agreement.

As Hernandez seeks to apply for a U visa, his attorney has highlighted the urgency of his situation, noting that his chances of recovery diminish with each day spent in detention. The implications of this case extend beyond Hernandez, reflecting broader issues of public safety, community trust, and the treatment of crime victims within the immigration system.

As Hernandez awaits his next court date, he remains hopeful for a resolution that will allow him to reunite with his son and return to a life free from the constant threat of deportation.