A disabled DACA recipient was forcibly detained in Florida and many are raising serious civil rights concerns.
The family of 26-year-old Gilberto Garcia is demanding answers and accountability following the detention in Florida that happened on April 8th.
The Florida Immigrant Coalition and United We Dream called the arrest in Florida “a deeply troubling and potentially unlawful detention” by agents of U.S. Immigration and Customs Enforcement (ICE). Gilberto Garcia is a DACA recipient who had recently filed for renewal; his status expired on April 1st while he awaited processing. He has no criminal history and no outstanding deportation order.
The groups said that on the morning of Wednesday, April 8th at approximately 10am, a masked ICE agent entered the yard of Garcia’s home in Hendry County and began forcibly detaining him.
Garcia is a young man with autism and a diagnosed intellectual disability, which impacts his speech and ability to process information in both English and Spanish.
According to the family and police reports, ICE agents had already initiated the detention when deputies from the Hendry County Sheriff’s Office arrived on the scene. Four patrol vehicles were present, which the Florida groups called an excessive and alarming show of force for detaining an unarmed, disabled individual.
Garcia’s mother reports that she rushed outside after hearing her son screaming for help, only to find him placed in a chokehold by an ICE agent. When she attempted to intervene, agents allegedly threatened to tase her and physically pushed her back. Law enforcement officers on site failed to present a warrant or provide any legal justification for the detention, stating only that they were “assisting ICE.”
The family then witnessed ICE agents place Gilberto Garcia into an unmarked white Dodge Durango-type vehicle and transport him away.
Later, the family learned that Garcia had been booked at the Hendry County Jail on a charge of “resisting arrest without violence.” At his first court appearance on April 9th, a public defender presented documentation of Gilberto’s intellectual disability, including an Individualized Education Program (IEP) and early IQ evaluations confirming his diagnosis. Despite this, the judge dismissed the documentation as outdated and granted a 24-hour continuance.
The State Attorney also requested additional time to review the case, citing concerns about the apparent lack of probable cause for arrest. The public defender argued for Garcia’s release, emphasizing that his disability limits his ability to understand or identify law enforcement authority and that no underlying crime justified the detention.
“This case represents a disturbing failure at every level—an unnecessary use of force, a disregard for disability, and a lack of basic legal transparency,” said Maria Cardenas, a community social worker who is working with the family after being alerted about this case. “Gilberto Garcia needed care, clarity, and protection. Instead, he was met with violence and confusion.”
Garcia’s hearing is scheduled for Friday, April 10th at 8:45am at the Hendry County Courthouse, located at 25 E. Hickpochee Avenue in LaBelle, Florida. Advocates are calling for:
- An immediate investigation into ICE’s conduct and use of force
- Full transparency regarding the legal basis for Garcia’s detention
- Dismissal of all charges stemming from this incident
- Protections to ensure that individuals with disabilities are not subjected to excessive force or wrongful arrest
“This is not just about one family,” the statement continued. “It is about whether our systems recognize the humanity and rights of people with disabilities, immigrants, and all those who deserve to be treated with dignity and due process.”
In response to the detention of Gilberto Garcia, United We Dream said: “Congress cannot continue to sit on its hands while DACA recipients like Gilberto are brazenly targeted, violently detained, and separated from their families. We are facing the biggest violations to the DACA program and due process than ever before, with a growing pattern of DACA recipients unlawfully detained and deported, and many facing deliberate delays in the federal government approving their renewals. Gilberto’s story now adds to nearly 400 cases of DACA recipients, that we know of, who have been snatched from their homes and communities, from JeanCarlos to Ya’kub Ira Vijrandre to Flor Ivet Vargas-Loya. We will continue to expose these blatant attacks against DACA recipients and fight for every one of them to return home and have the permanent protections they deserve.”
