Wednesday, Aug. 23, 2023 | 7:34 p.m.
A judge granted bond Wednesday for a Las Vegas street vendor detained by U.S. Immigration and Customs Enforcement (ICE) following a heated arrest by Metro Police in front of the Welcome to Las Vegas sign.
Jose Carlos Hernandez-Perez, 37, is expected to be reunited with his family soon after a $2,500 bond was set in his immigration hearing with a special administrative immigration court, said his attorney, state Sen. Edgar Flores.
“DHS (Department of Homeland Security) and the court agreed he’s not a danger to the community,” Flores said. “He’s not a flight risk and he’s got some relief available.”
Hernandez-Perez, an asylum seeker from Mexico, became nationally known after a confrontation he had with a Metro officer Aug. 6 in front of the famous Las Vegas sign.
He was then charged with battery, violation of mobile food vending regulations and obstruction of an officer. The prior day, the officer had reminded Hernandez-Perez that street vending was illegal.
State advocacy groups have asked law enforcement for a grace period for street vending following the passing of a law that legalizes the practice once regulations and ordinances are set up by local and state authorities.
Advocates have said street vending is, at times, the only livelihood for those who run the small businesses. The vendors are unable to halt running the businesses as they wait for government guidelines.
Immigrants with little or no second language also are confused by the passing of the law and assume it is already legal, advocates say.
Metro released a portion of body camera footage showing an officer threatening to arrest Hernandez-Perez for not showing identification. The vendor walks backwards and throws his arms up to block the officer from grabbing him before the video becomes disorienting. According to a Metro news release, Hernandez-Perez had pushed the officer to the ground.
The officer is then shown pointing a taser at Hernandez-Perez while using strong language to order the vendor on the ground.
Metro said it released the video after another video circulating on social media only showed the officer threatening the vendor with the taser. The police agency did not release the full body camera video, so it is unknown what transpired prior to the officer threatening arrest.
A statement from ICE says Enforcement and Removal Operations (ERO) encountered Hernandez-Perez at Clark County Detention Center on Aug. 8 and decided he was a “civil immigration enforcement priority.” The title is reserved for individuals who was arrested on criminal charges which make them removable under the Immigration and Nationality Act.
ICE states Hernandez-Perez entered the U.S. without authorization April 5 near Otay Mesa, Calif.
Hernandez-Perez was detained for several weeks by ICE upon entering the country as an asylum seeker, a petition from Make the Road Nevada states.
On Aug. 9, Hernandez-Perez was once again detained by ICE and moved to a facility in Salt Lake City.
Make the Road Nevada describes Hernandez-Perez as a dedicated father.
“I am shocked and heartbroken because my dad is at risk of being deported,” Sandra Hernandez, his daughter said in a statement through Make the Road Nevada. “I am mentally and emotionally drained. I cry myself to sleep, knowing that my dad is in detention and unable to come home. I want him to come home to me.”
