DHS account, court records raise questions about DNR role in ICE arrest

Lawyers from the Southwest Detroit Immigrant and Refugee Center said that Hernandez Lupercio was out on a fishing trip on the Manistee River when he was stopped by DNR agents for what appeared to be a routine fishing license check, but which eventually resulted in Hernandez Lupercio’s arrest.

“This stop was a pretext. It was a coordinated, targeted operation by Immigration and Customs Enforcement,” a post from the center’s website states. “Instead of simply verifying a license, the encounter resulted in immediate detention.”

SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX.

The account described by the attorneys and DHS is also consistent with the account contained in a habeas corpus ruling from federal Judge Paul L. Maloney in the Western District Court of Michigan that led to Hernandez Lupercio, a native and citizen of Mexico, being released on bond in February.

“Petitioner  was  stopped  by  agents  of  the  Department  of  Natural  Resources (DNR) . . . while fishing with his sons in the Manistee River,” the ruling states, quoting from Hernandez Lupercio’s petition for a writ of habeas corpus. “‘When [Petitioner] could not prove to the DNR agents that he was legally present in the United States,’ the DNR  agents contacted ICE, and ICE took Petitioner into custody.”

Other legal filings in Hernandez Lupercio’s habeas corpus plea, including a supplemental brief from his legal team and a response from U.S. Department of Justice attorneys, similarly reference his arrest and mention DNR presence.

Despite those statements, the Department of Natural Resources has repeatedly denied their officers facilitated the arrest.

“Michigan DNR conservation officers were on site at the location that day conducting fishing license checks, but the person who contacted Mr. Lupercio worked for the U.S. Forest Service,” a spokesperson for the Department of Natural Resources wrote to the Michigan Advance. “The DNR did not initiate this action, but officers were present as backup when the U.S. Forest Service officer determined the subject had an active warrant. U.S. Forest Service coordinated with ICE for the exchange. DNR was only involved as backup for safety reasons.”

When asked by the Advance to clarify the DNR’s role, department spokesman Ed Golder said their officers were “conducting a joint enforcement operation with the U.S. Forest Service related to natural resource enforcement,” and they were “not present to enforce federal immigration laws and did not arrest or detain anyone in relation to immigration.” 

Nessel launches form to report immigration actions, pushes best practices for local law enforcement

Michigan state agencies are not prohibited by law from collaborating with or working alongside federal law enforcement agencies, including ICE and other immigration authorities, as the state is not a “sanctuary state.” 

The incident in question comes as Michigan Attorney General Dana Nessel has been highly critical of collaboration between local and state officials and federal immigration authorities. At a roundtable event in February, she emphasized the potential liability that local law enforcement agencies face in cooperating with federal immigration enforcement.

“Local municipalities don’t necessarily have the same defenses that the state government has, or the federal government has,” Assistant Attorney General Josh Smith said at that time. “If you’re entering a partnership with the federal government, and you’re executing certain actions with the federal government, those agents and those federal agencies have certain defenses that you as a municipality and your individual officers don’t.”

Nessel’s office deferred comment on Hernandez Lupercio’s arrest and the involvement of state officials to the Department of Natural Resources.

Christine Sauvé, the policy, engagement, and communications manager for the Michigan Immigrant Rights Center, also expressed concern about the details brought to light in the habeas corpus ruling.

“I’m sure this will surprise many people because immigration enforcement is not the job of DNR officers. This man was fishing with his family. No one should be worried about being separated from their family when they go out to enjoy nature and spend time with loved ones,” she wrote in a statement. “State and local law enforcement have no business enforcing immigration law – they are not trained to do this, and it is a misuse of taxpayers dollars who expected in this case the DNR officer to be protecting natural resources and checking for fishing licenses.”

Sauvé added that it was disappointing to see such instances happening in Michigan, noting that there is no formal cooperation agreement between state law enforcement and ICE that would have required state officials to take these actions.

The U.S. Forest Service also wrote to the Advance that the department “does not conduct immigration enforcement operations,” deferring to DHS, and did not respond to questions about the DHS statement that the Forest Service led the operation that resulted in Hernandez Lupercio’s arrest.

“Like all Executive Branch departments and agencies, the Forest Service complies with Executive Orders and Administration Policies directing cooperation with agencies tasked with immigration enforcement,” a USDA Forest Service spokesperson said. “Forest Service law enforcement is dedicated to keeping the national forests safe and secure for the American people. While our law enforcement officers have no authority to enforce immigration law, they collaborate with other federal and local law enforcement agencies.”

Hernandez Lupercio was detained at the North Lake Processing Center in Baldwin, Mich., the largest ICE detention facility in the Midwest that is privately owned by GEO Group and contracted to ICE, until he was released on bond. His case remains active and pending. Hernandez Lupercio, who lives in Detroit, is married and has three U.S. citizen children, one of whom is a minor.

According to government data provided by ICE in response to a FOIA request, processed by the Deportation Data Project, and analyzed by the Advance, Hernandez Lupercio’s bond was set at $7,000. The data lists no convictions or pending criminal charges against him.