SAN ANTONIO – We’re pressing for answers into an ICE arrest that left a man and his family shaken up over the weekend.
25-year-old Francisco Chan Reyes was on his way home from the store when he was surrounded by ICE agents and taken into custody.
We reached out to ICE for clarification on what documents qualify as proof of lawful presence; After three days of asking, we still haven’t received an answer.
In an exclusive interview, he told us he was pepper sprayed and that agents smashed his truck window.
The incident happened just a block away from his home. Reyes, saying ICE agents wouldn’t accept his Texas Driver’s License, or his permit to work.
We went searching for answers on what you need to prove your citizenship if you’re pulled over.
Reyes’s arrest sparked concerns and questions about ICE arrest procedures across the country.
“He has his driver’s license,” his wife screamed at officers in a video taken as it happened. It also captures the moments agents told Larissa her husband was unauthorized to be in the country.
“We ran him. He’s here illegally present — is he not?,” the agent says to Larissa.
Agents took Reyes to the ICE check-in facility on the Northeast side. After being pepper-sprayed, having his car window broken and being held for four hours — he was found to be here legally, and released.
“I’m pretty sure they did it because of the way he looks, or his skin color,” Larissa said. “Even if we’re doing the right thing, they said they want us to do the legal way. They want us to do it the right way, the legal way… even we’re still doing it, they don’t care about that.”
Francisco said he tried showing agents his drivers license and work authorization to prove his status as a legal resident.
“They never asked me for anything,” he said. “They were just aggressive.”
“Work authorization is not ‘legally here’,” The agent is heard saying to Larissa in her video. “Do you understand that?”
We reached out to ICE for clarification on what documents qualify as proof of lawful presence; also asking what agents are trained to accept, and why Francisco was stopped in the first place.
After three days of asking, we still haven’t received an answer.
“It’s extreme as an attorney to have to discuss this, how a US citizen can show they’re US citizens in the United States, because it’s insane, but here we are,” said Immigration Defense Attorney Marlyn Moreno.
After not hearing from ICE, we reached out to Moreno to ask the same question: what can you show if a Texas driver’s license isn’t good enough?
“A birth certificate, passport, the passport card, your driver license,” Moreno listed. “Many times, these officers, as we can see in the video, don’t care about what documents you have with you.”
Moreno says Reyes’ driver’s license should’ve worked because, according to the Texas Department of Public Safety (DPS), you can only get it by showing proof of citizenship or lawful presence in the country.
Moreno said ICE agents are able to check DMV records in the field. It’s unclear why they didn’t confirm Francisco’s status during the arrest.
Even though Francisco was released after they confirmed his lawful status, they told him he’d have to pay for the window they broke himself.
We’ll keep pushing for answers from ICE and will bring you an update when we hear back.