HELENA — Helena resident Christopher Martinez, a 31-year-old who is a citizen of Mexico, was taken into federal immigration custody on Tuesday after being mistaken for another person sought by law enforcement. According to Helena Police, this is the first incident of its kind they are aware of this year.
“It’s something really scary, it can be really scary,” said Maria Pacheco, Martinez’s wife. “Cause you think that you’re fine. You think that everything is going to be okay, and it’s not."
(MTN speaks with the family of Martinez and local law enforcement about the situation)
Pacheco is a U.S. citizen. The couple has four children and has lived in Helena for three years.
At the time of Martinez's arrest, Helena Police were coordinating with Homeland Security Investigations and U.S. Border Patrol on an arrest for Anderson DeJesus Bastidas Linares, who is accused of assault with a weapon and partner or family member assault. Homeland Security Investigations is a division of U.S. Immigration and Customs Enforcement.
While conducting their search, officers saw a man they believed to match the suspect's description. Helena Police conducted a traffic stop on the vehicle, which was found to have expired registration. The driver of the vehicle was identified as Christopher Martinez of Helena, not Linares.
Helena Police say that upon verifying his identity, Homeland Security Investigations and U.S. Border Patrol discovered that he was subject to a federal detainer, and he was subsequently taken into custody by federal authorities.
“While the involvement of HSI and Border Patrol is not typical for local warrant operations, their participation in this case is based on specific investigative needs and not part of any nationwide U.S. Immigration and Customs Enforcement (ICE) enforcement action,” said Helena Police in a statement.
Helena Police said that Martinez had a prior criminal record, but they did not elaborate on what that record was. His wife told MTN he did not have any outstanding warrants.
HPD Chief Brett Petty said his department does not intentionally seek out immigration violations.
"This incident today, we were out looking for a gentleman [Linares] with a warrant for domestic abuse, assault with a weapon. He had a current warrant out of district court for his arrest. That's who we were looking for," said Petty.
On Tuesday afternoon, word of the detention spread through social media. Around a dozen protesters and concerned community members gathered at the Lewis and Clark County Detention Center and the Helena Law and Justice Center on Tuesday to show their support for Martinez.
"We're just here today to showcase that he is a part of our community, he needs to stay part of our community and it honestly is a huge detriment to our community that he is not here anymore," said Natalie Salazar, a Helena resident.
Lewis and Clark Sheriff Leo Dutton told MTN that Martinez was held at the Lewis and Clark County Detention Center for several hours, at the request of immigration officials, and has since been handed over to federal authorities. He said his office doesn't have a formal agreement or contract to conduct immigration holds.
"He wasn't booked into our facility," Dutton said. "He was put in there for a hold, temporarily. So he's not someone that was technically in our custody. He was in our building, but we didn't book him in."
Dutton was not aware of where Martinez was being taken.
Martinez is being represented by Upper Seven Law. Founder and Executive Director Rylee Sommers-Flanagan said they filed an emergency habeas petition on behalf of Martinez in federal court on Tuesday. In the petition, they ask that Martinez be returned to Helena and accuse the detention of being unconstitutional.
Sommers-Flanagan also said attorneys had asked to speak to Martinez while he was held in Helena and were prevented from seeing him. Dutton confirmed that, saying his office would be reviewing their own procedures to accommodate attorneys if a similar situation happens again.
Pacheco told MTN, at this point, she wanted to speak to her husband and for him to receive a fair hearing.
"They're not just affecting me, his wife, they're affecting his kids," she said. "They're affecting my oldest daughter to the smallest, to the baby that doesn't know he's going to be not coming home in the night, because I have two that cannot sleep without him."
Editor’s note: This story has been updated to include additional quotes.
