Woman arrested by ICE in Sugarcreek Twp. had felony related to entering USA
Melania Franco Rios, a citizen of Mexico, had previously been removed from the United States in 2022, per an affidavit filed in the Southern District Court of Ohio by a special agent with the U.S. Department of Homeland Security Investigations.
Rios and a man were arrested Jan. 26 in Greene County and taken into custody by ICE. They were originally pulled over by Sugarcreek Twp. police for a fictitious license plate, police records show.
Franco Rios pleaded guilty in October 2022 to a felony of using a false birth certificate to enter the United States, according to the court affidavit. That June, Franco Rios presented an Alabama birth certificate belonging to her sister, telling Texas border agents that she was traveling to the United States to work.
Rios was sentenced to 81 days in prison, but was instead returned to Mexico in late October 2022.
Records obtained by the Dayton Daily News show that Sugarcreek Twp. police conducted a traffic stop on Wilmington Pike around 10:15 a.m. on Jan. 26 on a red Ford F150, as the license plate on the truck belonged to a different car.
Police said they interacted with the male driver, who didn't speak English, and who supplied a Mexico Identification Card and the title of the vehicle. The female passenger, later identified as Franco Rios, translated for police and said she did not have a driver's license.
The driver was found to have a visa that had expired in June 2023, and therefore "was currently in the United States illegally," police documents say, adding that ICE agents were then called.
According to the Homeland Security court affidavit, the group that responded included Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Deportation Officers (DOs). Using a mobile fingerprinting device, the officers scanned Franco Rios, ran the prints against an immigration database, and identified her and her previous offense.
The affidavit says ERO officers assumed custody of Franco Rios. Court documents say there is probable cause for her to be charged with violating Title 8 of U.S. Code, Section 1326a-b, regarding "reentry of previously removed alien with prior felony conviction," according to the court affidavit.
This development comes as President Donald Trump has promised to increase "expedited removal" of certain immigrants.
Trump's border czar, Thomas Homan, has said recently that the administration's priority is removing violent criminals, but that other people in the United States illegally could be caught in the process.
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Caught on video: Federal ICE officials detained US citizen, others for hours after stopping landscaping crew, pulling them from van and tasing one. PALM BEACH COUNTY, Florida ‒ Kenny Laynez's cellphone camera captured every undocumented immigrant's nightmare on video when he was arrested. One problem: He is a U.S. citizen. The video, shot May 2, showed Florida Highway Patrol officers and Border Patrol agents stopping the 18-year-old landscaper and his three coworkers ‒ one of them his mother ‒ as they drove past luxury buildings to a job. The camera captured officers dragging his coworkers out of their van by their necks and twisting Laynez's arms and pushing him face down to the pavement. The video also recorded an officer shooting one of Laynez's coworkers with a Taser, saying he had resisted arrest. 'I have rights. I was born and raised here," Laynez told the officers, according to a copy of the video shared by the Guatemalan-Maya Center of Lake Worth Beach. "You don't have any rights here. You are a 'Migo,' brother,' the officer said, referring to his ethnicity. He hurried the 18-year-old into a van. Laynez was released from a Riviera Beach federal facility six hours later, with the video still on his cellphone. His coworkers, including the one who was tased, were undocumented and weren't as fortunate. They were transferred to the Krome Detention Center in Miami. Laynez said they are free on bail but fear they will be arrested if they show up in court. Deportations accelerate: Shock and anger: Florida immigrant communities react to 'Operation Tidal Wave' The Palm Beach Post, part of the USA TODAY Network, recently interviewed Laynez and made multiple attempts to contact FHP, ICE and Border Patrol for comment about the incident and the body-camera footage, as well as multiple requests for copies of the arrest reports. None of them responded. Laynez said he pleaded guilty to a misdemeanor charge of obstruction without violence simply to get the incident over with. He entered a pretrial diversion program on June 4. The state will drop the charges July 30 if he completes the program by then. "They treated us like dogs they picked up in the street," Layzez said. "They are just pulling over people and kidnapping people who are hard-working." "We are not criminals. We were just heading to work." Trump at 'Alligator Alcatraz': Facts on Florida Everglades immigration detention center ICE arrests spread fear among immigrants Videos like Laynez's showing federal agents arresting day laborers have left immigrant families across Palm Beach County and the rest of the country in fear. Even families in which some members are documented have laid low, sometimes not going to school or church. West Palm Beach attorney Jack Scarola has reviewed Laynez's footage and has talked with him about the incident. He said the footage shows how FHP and Border Patrol agents are under "extreme pressure" to meet daily arrest and deportation quotas and that the response has led to a "reckless disregard" of the rights of both undocumented and legal immigrants and even the rights of U.S. citizens. 'All of us should be not only offended, but outraged by that misconduct,' Scarola said. 'And if we fail to appropriately respond to that outrageous disregard of the civil rights of others, all of our civil rights are in serious jeopardy.' Stopped while heading to work Kenny Laynez was born in 2005 at St. Mary's Medical Center in West Palm Beach to a Guatemalan single mother who is in the U.S. legally but is not a citizen. He attended Palm Beach Lakes High School and got a job at the landscaping company where his mother drove crews to work sites. Neither Laynez nor his mother works for the company any longer. Laynez said he and his mother met two coworkers on May 2 at a gas station and drove to a landscaping job near North Palm Beach. The coworkers, Esdras and Marroquin, are undocumented but neither had criminal records, Laynez said. The Post is withholding their last names to protect their families. Although his mother wasn't speeding, just after they crossed the bridge on Singer Island, they heard a police siren. An officer rolled down a tinted window and signaled to her to pull over. The officer asked where they were headed. Laynez said they were going to work and the officer took his mother's license and the truck's registration and insurance. The officer returned and said his mother's license was suspended, to all their surprise. Laynez said he asked the officer why he pulled them over. He didn't see how the officer could have known his mother's license was suspended by running the company truck's license plate. Laynez said the officer asked if they were "illegal." Laynez said they were not and asked what that had to do with the license. A van pulled up and more armed agents swarmed the truck. A female officer approached his window and ordered them in Spanish to shut off their phones. Laynez said that at that moment, he started recording with his phone instead: "I assumed something was going to happen.' The video of the raid What he captured on video begins with a question. "Who in here is illegal?' The officer asked in Spanish. "Whoever takes longer to answer will get more charges and spend more time in jail.' Esdras, who is seen clenching a towel in his hands, raised his hand. The male agent ordered them to open the door. Laynez grabbed onto the handle. 'Wait, hold up,' Laynez said. 'You don't have the right to do that.' 'I don't have a right?' the officer said with a laugh. He reached inside the car and popped the door open. The video shows an agent grabbing Marroquin by the hair and placing his neck in the crook of his arm. Another agent pulled Esdras, called Kevin by his coworkers, by the leg and tightened his hands around his neck. The video then shows Laynez stepping out of the car, but an officer who had ordered him to get on the ground pushes him from behind, twisting his arms and kneeling him to the pavement. Esdras stood rigidly as three officers tried to force him to the ground. They told him in English to lie down, while Laynez urged him in Spanish not to resist. 'Aye! What are you doing? That is not how you arrest people,' Laynez said. The video shows an officer pulling out a yellow Taser and firing twice into Esdras' stomach. Laynez saw his body and legs spasm before he slammed onto the pavement, crying. An agent pressed his knee on Laynez's back and forced him face down to the pavement. An officer later ordered Laynez to stand up, but he said he was too scared to move. 'I am not going to get up because you are going to do to me whatever you were doing to Esdras,' Laynez said. 'That is not how you arrest people." 'Be quiet,' an officer said, cutting him off and picking him up. 'I've got the right to talk,' Laynez said. 'I was born and raised here.' 'You have no rights here. You are a 'Migo,' brother," the officer said in a comment Laynez said sounded like racial profiling. Laynez's mother can be heard crying in the background. Video records officers laughing at immigration arrest Laynez's phone continued recording on the sidewalk and captured a conversation between the agents over the next four minutes. 'Once she got the proper spread on him, he was done,' the officer said. "You're funny, bro.' 'It was funny,' an agent said, laughing. 'It was,' another chimed in with laughter. Another agent said more people are resisting their immigration arrests. "They are starting to resist now," an agent said. "We're going to end up shooting someone." On the video, an agent recounted how Laynez said they didn't have the right to come in the door and says: 'I already told you to come out. If you don't come out, I'll pull you out.' 'God damn. Wow,' the officer cheered. 'Nice!' 'Just remember you can smell too with a $30,000 bonus,' another officer chimes in. It was not immediately clear to what bonus the officer referred. On the tape, an officer is heard saying that Laynez's coworker was resisting arrest, so he should be charged. 'He was being a d*** right now. That is why we tased,' an agent said. The phone recording stopped shortly after that exchange, its memory out of storage. The agents confirmed Laynez's mother had legal status and issued her a ticket for driving with a suspended license. Laynez said she told them he was a U.S. citizen and showed them a picture of his Social Security card. They still took Laynez into custody. Laynez said that before leaving, the officers held his mother's driver's license to her face and tore it in half. U.S. citizen spent six hours in detention facility: What he saw Once at the Riviera Beach facility, Laynez said he saw rows of men. Most spoke Spanish and wore construction clothes like his own. Two looked like they were his age, 17 or 18. Laynez said he appeared to be the only one inside the packed room who spoke English. He said the men told them they had been detained for hours without water or food. Laynez wanted to use the bathroom, but the only toilet available was out in the open, without any doors or covers. After almost four hours, the female officer who detained them took Laynez to a room and asked for his date of birth three times, even though he had already written it down for another officer. Finally, she came out with a ziplocked bag with his phone, wallet and headphones. In Spanish, she asked him to unlock it. Laynez said she told him she needed to see if he had filmed videos of the arrest. Laynez said he unlocked his phone, closed all his apps and locked it again. He said he declined to open it and set it down on the table. He said she told him they would wait in that room until he opened it. She asked again for his date of birth. Laynez said he trembled. That was his password. Laynez said the officer threatened to press charges if he didn't unlock his phone, but then a person who appeared to be a supervisor interrupted them. Laynez said the supervisor said Laynez wasn't supposed to be in that room because he is a U.S. citizen. The supervisor took Laynez's fingerprints and said it was only to leave a record that he had been in the facility. Then he told Laynez he couldn't leave without signing some paperwork and that he would have to show up in court. "What did I do?' Laynez said he asked while signing. "I didn't do anything. Why do I have to present myself in court?' The arrest report said Laynez was being charged with nonviolent police obstruction. In a copy of the report that Laynez provided to The Palm Beach Post, officers wrote that Esdras had resisted his arrest. Laynez is not mentioned. After six hours, Laynez said he walked out the door of the Riviera Beach building and ordered an Uber home. He had almost 100 missed calls from his mother. Laynez said the footage of the arrests haunts him, but he doesn't regret filming. "I would basically have nothing, no evidence,' Laynez said. 'And no one would believe what happened or how they escalated the situation. "There might be even more happening that is not being recorded."
