MUSCATINE, Iowa — Just days after an assailant's gunfire left him critically injured, Felipe de Jesus Hernandez Marcelo emerged from the hospital, relying on crutches to support his battered body. The 28-year-old father narrowly escaped death in the early hours of June 21 when he was shot in an attempted robbery. Emergency responders acted quickly, saving his life, but the scars of that night would soon manifest in unexpected legal challenges.

As Hernandez began the difficult journey to recovery, his struggles intensified when he visited the police station to reclaim his impounded vehicle and cash. Unfortunately, that seemingly benign request led to his arrest and subsequent detention by Immigration and Customs Enforcement (ICE). In the wake of strict immigration policies enacted during the previous administration, Hernandez found himself among numerous crime victims who now face imprisonment under harsh new rules.

ICE recently rescinded guidelines that once protected victims from deportation, a measure that has deterred many from seeking police assistance for fear of potential repercussions. Critics urge that such policies not only cause harm to victims like Hernandez but also directly jeopardize public safety by discouraging cooperation with law enforcement.

“People who are undocumented and experience crimes are now reluctant to report due to fear of detention,” said immigration expert Dan Kowalski. Law enforcement practices in Muscatine, where a significant percentage of the population is Hispanic, are under scrutiny as the police chief confirmed that any arrest for local violations could lead to ICE involvement.

Hernandez, originally from Mexico and living in the U.S. since 2021, had avoided serious trouble until now, with only minor traffic violations. However, after a police check revealed an outstanding warrant for an unpaid ticket, he was taken into custody and handed over to ICE shortly after his hospital stay.

Despite the critical nature of his injuries—two bullets had traveled through his arm and leg—Hernandez experienced painful delays in receiving necessary medications and was unable to seek follow-up medical care.

His absence has also affected his family, including his 9-year-old son, who feels abandoned and faces emotional turmoil as the family's financial situation worsens with his father's inability to work. Hernandes's mother expressed her feelings of helplessness as she navigates the systemic barriers to visiting her son, fearing repercussions from authorities.

In the aftermath of the shooting, Hernandez also became a key witness as police investigated, resulting in the arrest of the two alleged assailants involved. But with a reopening immigration narrative complicating his status, he has become emblematic of the individuals now caught in a cycle of violence and governmental scrutiny.

The judicial landscape surrounding immigration enforcement has shifted, with recent court decisions recognizing the harmful implications of indefinite detention practices. As Hernandez's court date approaches, he and his legal team continue fighting for the recognition and care he urgently requires to reunite with his family and rebuild his life. While the clock ticks on his case, the pursuit of justice, both in the criminal and immigration contexts, remains a poignant struggle for many like him.