ICE detains longtime Colorado father after fake traffic stop

When Rafael would drive, his sons and family would joke that he drove too slow, like an old man. It was especially true when he would drive his work truck.

So the red and blue lights with sirens on Monday morning were a surprise. Especially when the law enforcement officer who walked up to the vehicle said he had pulled him over for speeding.

Still, Rafael handed over his driver’s license, thinking he was handing it to a local police officer.

But as soon as the man in the bulletproof vest saw the special SB-251 driver license, he asked Rafael to step out of the vehicle, and once he did, he confessed that he was actually an immigration agent, and that he was detaining Rafael. Senate Bill 251 created a program that allows immigrants to get a driver license in Colorado. 

“We believe they profiled him,” his adult son said. “They thought, ‘what other persons would be driving a beat up work truck.’”

Voces Unidas is not naming any of the individuals in this story. Rafael is an alias name. 

We are concerned Colorado’s immigrant community may now appear to be targeted for immigration enforcement if they present an SB-251 license, an act Voces Unidas condemns. 

Federal agents faking to enforce state traffic laws to confuse immigrant drivers is deplorable.  

Rafael was detained on Monday on CO Highway 91 in Leadville and is now being held at the Aurora immigration detention center. 

In the nearly 26 years he’s lived in Colorado, Voces Unidas confirmed that Rafael had no criminal record and had only ever been pulled over twice for minor traffic violations. The last time was more than 15 years ago.

On Monday, Rafael was leaving Leadville with his work truck loaded with materials and accompanied by a family friend, ready to start a new project in Breckenridge. He was pulled over just minutes into the journey.

The young man who was a passenger during the incident, Jesus, said that the vehicle that pulled them over was an unmarked black SUV that had police lights. The man that got out and approached Rafael, detaining him, was wearing a black t-shirt with a bulletproof vest over it. He said that others saw the word police on the man’s back, but he didn’t see it. 

Jesus, who is also using an alias name, said he and Rafael both assumed it was a police officer they were dealing with, and only knew otherwise when the man identified himself as an immigration agent arresting Rafael.

Jesus said the officer also asked him if he was undocumented. When he told the agent he wasn't, the agent believed him and didn’t ask to see any identification from him.

Jesus asked the agent where Rafael was being taken and then Jesus was left on the side of the road with Rafael’s work vehicle, to relay the information to the family.

Voces Unidas has received multiple reports this year, especially in the last few months, of unidentified ICE agents conducting fake traffic stops as a way to find people to deport.

Immigrant rights organizations remind drivers that if someone is stopped by an officer who is not local police or state patrol, the driver may not be required to hand over an ID. Voces Unidas encourages community members to speak with a trusted attorney to learn more about their rights in Colorado. If a driver is unsure who has stopped them, they can ask to see a badge or call local police dispatch to confirm the stop.

“My dad didn’t resist, he complied,” the son said. “He was just following orders.”

Rafael is now in detention and has been in contact with family. His son said Rafael is trying to remain positive.

Rafael didn’t know of a process that he qualified for to adjust his legal status. His son says the family had already been discussing leaving the U.S., but he said his parents hesitated because the family is here and they now have spent more time in the U.S. than they ever did in their home in Mexico. 

Rafael’s oldest son is engaged and the younger one just started college.  

“He’s a simple man, a family man. He works for his family,” the son said. “He doesn't seek any riches, just to be spending time with his loved ones like anyone else.”