José V. Carrasquero | Análisis de Poder

ARCADIA FOUNDATION — RESPONSE TO THE PUBLIC STATEMENT ISSUED BY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) ON 27 OCTOBER 2026 ICE’s public characterisation of Amaury José Monsalve Figuera as a “CRIMINAL ILLEGAL ALIEN” is a serious and misleading distortion of the available judicial record. On 18 October, while working as a professional chauffeur, Amaury was stopped by Metropolitan Police officers for an alleged traffic-signal infraction. The official notice issued against him was merely a warning, carrying a US$0.00 fine. Although officers subsequently reported discovering a firearm and suspected controlled substances in a vehicle carrying seven passengers, the prosecutor brought no criminal charges against Amaury, as confirmed by the attorney who represented him at the ensuing court proceedings. An arrest is neither a criminal conviction nor proof of guilt. If ICE possesses a criminal charging document or conviction establishing otherwise, it should produce it. Publicly branding a man a criminal without establishing his criminal responsibility is incompatible with the elementary principles of American justice. ICE further declares that a work permit or pending application does not confer American citizenship or an unconditional right to remain in the United States. That proposition obscures the actual legal issue. On 19 October 2026, the Board of Immigration Appeals officially received Amaury’s appeal against the immigration judge’s removal decision. That appeal remains pending. Under 8 C.F.R. § 1003.6(a), a timely appeal of an immigration judge’s decision on the merits automatically stays execution of the removal order while the Board considers it. Immigration detention and execution of a removal order are legally distinct matters. Neither the existence of removal proceedings nor an administrative allegation of immigration fraud extinguishes the procedural protections established by federal law. I have known Amaury since 1997, when he was my student at Universidad Simón Bolívar in Venezuela, and can personally attest to his integrity, responsibility and dedication to others. For more than twenty-five years, he has coached young baseball players, including in Washington, DC public schools since 2015. There is, however, something considerably more compelling than my personal testimony: Amaury has undergone and successfully passed the mandatory criminal background screening required to work with children in DC public schools. Under D.C. Code §§ 4-1501.03 and 4-1501.05, together with District of Columbia Public Schools safeguarding requirements, coaches must undergo criminal history checks, including fingerprint-based screening, and obtain official clearance before working with pupils. Amaury met those requirements and was authorised to coach children in these institutions. His suitability was therefore assessed through official child-protection procedures, not merely affirmed by those who know and respect him. Furthermore, the police incident of 18 October resulted in no criminal charges against him. His immigration status remains subject to legal proceedings, and those proceedings must be determined upon evidence and in accordance with law. Neither an arrest nor an unresolved immigration allegation constitutes a criminal conviction, and neither can justify presenting unproven criminal accusations as established facts. Immigration enforcement is a legitimate and necessary responsibility of the United States Government. Precisely because ICE exercises such considerable authority, its public statements must meet the highest standards of factual accuracy, institutional restraint and respect for due process. Statements of this nature undermine confidence in the very institution entrusted with enforcing immigration law. I therefore respectfully but firmly request that ICE correct its public statement, acknowledge the absence of criminal charges arising from this incident and accurately recognise the pending appeal and its legal effect. An institution charged with enforcing the law must be equally scrupulous in observing it. Robert Carmona-Borjas Chief Executive Officer and Co-Founder Arcadia Foundation Washington, DC