South Florida student says ICE tricked him into custody over visa mix-up
Hialeah man with student visa says ICE agents lied to him to get him out of his home and detain him
Hialeah man with student visa says ICE agents lied to him to get him out of his home and detain him
Hialeah man with student visa says ICE agents lied to him to get him out of his home and detain him
A South Florida college student says he was misled by immigration agents posing as civilians and detained for two weeks over what his attorney calls a clerical mistake by his school.
Sebastian Hoyos, a 25-year-old student from Colombia, said Immigration and Customs Enforcement (ICE) agents came to his Hialeah apartment on April 30, claiming he had a flat tire, to get him to step outside.
"When I opened the door, they told me I had a flat tire on my car," Hoyos told CBS News Miami.
"Then I go to my car, I see this side, and the other side, and there were no flat tires."
He said the agents, who were dressed in plain clothes, then asked, "Are you Sebastian?"
"Yes, I'm Sebastian," Hoyos recalled saying. "And they said, 'Oh, you're illegal in this country…'
I said, 'No, that is not true.'"
Hoyos said he was then handcuffed and transported to an immigration processing center in Miramar, where he remained in custody for two weeks.
Detained despite valid visa
Hoyos, who studies at United International College in Dania Beach, was in the United States on a valid F-1 student visa. According to his attorney, Martin Rosenow, a "technical error" by the school triggered ICE's involvement.
"It happened because of a technical error that the school had made where they canceled what's called the 'service record'—which is controlled by ICE," said Rosenow, an immigration attorney based in Coconut Grove.
"I was detained for two weeks and it was by mistake," Hoyos added.
Pressure to self-deport
Rosenow said his client became a convenient target for federal enforcement.
"He was on the verge of being deported because when someone's detained, ICE pressures them to self-deport. It's a good thing Sebastian did not give in."
Asked how he secured Hoyos' release, Rosenow said his team took the case to court.
"We were able to go to court and present to the immigration judge his transcripts, his attendance record, showing that he never missed any time at school."
United International College did not respond to CBS News Miami's request for comment.
Student visa scrutiny on the rise
Hoyos first entered the U.S. on a tourist visa before transitioning to a student visa. The F-1 visa requires active enrollment in an academic program approved by the U.S. government.
Rosenow said federal scrutiny of student visa holders is increasing.
"And so, if a student misses a week of school without excuse, it's reported directly to ICE right away."
CBS News Miami contacted ICE more than 24 hours before publication for comment on this case. A response has not yet been received.
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