'Misleading': ICE responds to controversial arrest of parent near Encinitas school
ENCINITAS, Calif. (FOX 5/KUSI) -- A recent arrest carried out by U.S. Immigration and Customs Enforcement agents near Park Dale Lane Elementary School in Encinitas has sparked community concern — and now, ICE is pushing back against what it calls "misleading" narratives.
- The FOX 5/KUSI video above shows the arrest of a man by ICE agents in Encinitas
The arrest took place Wednesday morning during school drop-off hours, just two blocks from the school's campus. A video circulating on social media shows agents from ICE and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) detaining a man later identified as an undocumented migrant from Guatemala with a final order of removal dating back to 2017.
Parents and community members expressed outrage over the arrest's timing and proximity to a school zone, with some emphasizing how "dramatic" the encounter was and how it induces trauma for those involved — in this case, even a child that was present during the arrest.
Some local leaders, including State Senator Catherine Blakespear, promptly denounced the incident as "cruel and inhuman." In a follow-up statement on Thursday, the senator went as far as calling the situation "horrifying."
"We should continue to demand that our federal law enforcement identify themselves and provide lawful warrants upon request, stay away from sensitive areas like schools and follows the highest standards of the law," said Blakespear on social media.
As for ICE, a San Diego-area official has released a formal statement in response to community outcry, pushing back on accusations that enforcement occurred on or near school grounds and placing responsibility for the child's involvement on the family.
According to local Field Office Director Patrick Divver, “ICE San Diego finds it unfortunate that an individual chose to insert a child into an active law enforcement situation, and that official statements were made before the facts of this case were fully known."
According to the agency, the detained man was the “sole occupant of the vehicle” at the time of the stop. ICE contends that his alleged spouse arrived separately from a direction opposite the school, bringing the child with her and “interjecting herself and the young child into the scene.”
Divver said when agents conducted the immigration enforcement stop, the man later arrested was the sole occupant of the vehicle. He stated, "During the vehicle stop, the illegal aliens’ alleged spouse responded to the area in a separate vehicle with a young child in the backseat from the opposite direction of the school and then proceeded to interject herself and the young child into the scene. These actions are shameful and not to mention dangerous."
ICE also emphasized that the arrest did not take place on school property and occurred out of view from the campus.
“Claims that ICE conducted enforcement on school grounds are patently false,” Divver said. “ICE San Diego has not conducted enforcement at schools, and suggestions to the contrary mislead the public and create unnecessary fear.”
The agency reaffirmed its commitment to enforcing immigration law “while ensuring the safety of the community and our officers.”
In response, the Encinitas City Council added the incident as an emergency item for discussion to explore possible responses. As it stands, the council's next steps include:
- Submitting a Freedom of Information Act to document ICE operations in Encinitas
- Exploring how to establish safe zones
- Exploring joining lawsuits challenging ICE operations
- Forming a community communications group (text chain)
- Sending letters to federal agencies protesting actions
- Requesting federal partners to be present to respond to questions from city and community
- Investigating ability to limit mask wearing by ICE
- Exploring other legal mechanisms available to the city
As public pressure mounts, community leaders are expected to push for clearer policies governing federal enforcement activity near schools, with some calling for broader sanctuary protections at the local level.
Meanwhile, the man detained by ICE remains in custody, and further details regarding his legal status and potential deportation proceedings have not yet been released.
