Hernando Fidel Avila Gamez never made it to his court hearing in Faribault, Minnesota, on January 28. Instead, as he was heading toward the courthouse for his criminal case, he was stopped and arrested by U.S. Immigration and Customs Enforcement (ICE) agents. Within days, he was flown a thousand miles away to an immigration detention center in Texas, far from his home and family.
Avila Gamez, a Venezuelan national, had been set to appear in court on charges of felony burglary and gross misdemeanor criminal sexual conduct. But when ICE took him into custody, he missed his hearing — and now he’s facing possible deportation. Without even seeing an immigration judge, he was transferred from the Freeborn County Jail in Minnesota to the IAH Polk Adult Detention Facility near Houston.
And he’s not alone. In recent weeks, at least 11 other noncitizens from rural Minnesota jails — including Kandiyohi, Sherburne, and Freeborn counties — were also moved to this same Texas detention center. ICE hasn’t explained why this is happening, but immigration attorneys believe it’s due to a lack of space in Minnesota’s jails as the push for mass deportations continues nationwide.
For the people affected, the sudden transfer is more than just an inconvenience — it’s devastating. “It’s like a mini-deportation,” said immigration lawyer Cameron Giebink. “They’re taken a thousand miles away from their families, and it makes it so much harder to fight their cases.”
It’s not just those with serious criminal records being moved. Some detainees with no known offenses in Minnesota have also been shipped off to Texas, South Dakota, Nebraska, and Iowa. One El Salvadoran man, pulled over for driving with a revoked license in Bloomington, Minnesota, found himself suddenly in a Texas jail without any prior criminal history.
These long-distance transfers create chaos for legal teams and families. In one case, attorney Lauren Schmoke prepared to represent a Guatemalan man arrested in Minnesota — only to find out hours before the hearing that his case had been moved to Texas. Without a chance to contest the move, his court date was pushed back by months.
Avila Gamez’s lawyer, Meghan Byrnes, faced a similar scramble. She had been ready to represent him in Minnesota, but just minutes before his hearing, the court approved a last-minute venue change to Texas. Now, his next hearing is scheduled for March 4 — and Byrnes worries about staying in touch with her client, who’s now so far away.
“Trying to prepare a strong defense without being able to meet face-to-face is incredibly difficult,” she said. “He lives here, works here, and his family is here — but now he’s a thousand miles away.”
Back in Minnesota, Avila Gamez’s absence also complicated his criminal case. After missing his court date because of the ICE arrest, a warrant was issued for his arrest. His public defender is now trying to quash that warrant and schedule a new hearing so he can address his charges from Texas.
For now, Avila Gamez waits in detention, far from his life in Minnesota. And as more detainees are quietly moved out of state, families and lawyers alike are left scrambling to keep up — and fight for their right to a fair hearing.
