ALAMOSA — About two months ago, Alamosa resident José Aguilar was stopped by ICE agents. One drew a weapon immediately upon exiting his car, and the other shattered Aguilar’s window despite Aguilar not refusing to exit and his girlfriend’s screams that “there was their one month old baby in the car.”

After Aguilar’s girlfriend repeatedly asked why he was being detained, one of the ICE agents finally gave a one-word answer. “Immigration.” When she repeatedly asked to see a warrant, the ICE agent only said, “It’s at the office.”

The process was fast. Aguilar was searched for weapons, put in handcuffs, loaded into an unmarked ICE vehicle and driven away.

The incident was caught on camera and, once posted to social media, was quickly shared multiple times and ultimately picked up by at least one Front Range television station.

And that is where media coverage of arrests ended as it always ends, vehicles are driven away populated by some immigrants who are here illegally, some who hold legal, valid green cards and work permits and are just picked up in a “sweep”, some people who have criminal records but the vast majority of whom do not. \

End of story.

What happens from that point on is often speculation, so the Valley Courier reached out to Denver immigration attorney Joseph Rosales of Rose Law to answer some questions.

Prior to January of 2025, immigration only made up about 50% of Rosales’ law practice, but “all that changed” when new policies were put in place by the current administration.

“What’s going on is not okay,” Rosales says. “Rights are being violated. Mistakes are being made. People are having a much harder time with cases than they did before – and these are people who are trying to be here legally.”

Rosales cites an example where the current administration is changing rules around so it’s very confusing for people.

 “They don’t know what to pay or where to pay and, if you make one mistake in an immigration case, that gives the government power to dismiss your case and deport you immediately.” Rosales is quiet for a moment and then adds, “And after seeing what’s going on, I think this administration is doing this intentionally.”

Rosales cites a specific example where the administration created a $100 initial fee to apply for asylum and a $100 annual fee to pay each year after that until their case is settled.

“But,” Rosales says, “on the drop down menu, there’s no way to pay for the annual fee.  The menu simply doesn’t exist. Even attorneys who have been doing this for 20 or 30 years aren’t certain what to do, and it’s really tough because my clients’ lives are on the line and, again, one mistake and you’re deported. And, yes…I think it’s intentional.”

Rosales also thinks that cases with attorneys are deliberately being “pushed out” at least a year or more, while people who don’t have attorneys are rushed through very quickly.

“I recently had a case pushed out until the end of 2027. Then I have people with no attorney who come to my office and their court dates are really, really soon. After seeing it over and over, I think that’s because the government knows they’re more likely to make a mistake.  It makes it  easier to get them in, dismiss the case and then deport.”

Rosales also brings up the issue of bonds.

“The Trump administration just recently instituted a no bond policy. If you came into the country illegally, you’re ineligible for bond – the judge can’t even change that – and that covers a lot of people who end up stuck in jail. Most of them are the wage earners in their families. Since they can’t work, they can’t hire an attorney. And since they can’t work, their families are thrown into chaos. Since they’re not eligible for government assistance, I’ve seen people go without food and then lose their housing, which can lead to homelessness, which causes other problems – it’s like a terrible cascading problem.”

 He pauses and then repeats an earlier statement. “I think it’s intentional 100 percent. This didn’t start until the Trump administration, and it’s been very deliberate. I think that’s why the administration’s narrative paints these people in such a bad way. It’s so others won’t care what happens to them.”

In his opinion, the government is violating due process. “Regardless of their immigration status, anyone standing on American soil has the right to due process – to a hearing in front of a judge before your rights are taken away. That’s violated all the time now.”

Rosales says there are some cases that have a good resolution but it takes exponentially more work than in the past with one big wild card:  the judge in a case makes a big difference.

And that points to what he sees as a systemic problem.

“I used to do criminal law, and there you at least have the appearance of separation of powers. The judge is part of the judiciary branch and the prosecutors and police are part of the executive branch,” he says.  “It’s totally different in the immigration system.

“In immigration, the judge and the DHS attorneys - who are part of Homeland Security - are all part of the executive branch. There’s no separation of powers in immigration law. And if the person at the head of the executive branch wants policies to go a certain way, that’s the way they’ll go and that’s what we’re seeing right now. This administration is trying to strip Legally Protected Residence for people based on any kind of minor crime – really minor crimes. That’s never happened before. And now there’s discussion of going after naturalized citizens. No separation of powers is why President Trump can – and has been – firing judges who don’t agree with him.”

Rosales also describes life in the facilities is “inhumane”.

“I’ve seen people who have gotten very sick.  The conditions are so bad – they want to stay in the United States but tell me ‘I’m going to die if I stay in here.’ They have to choose between staying in the same country with their family and risk dying or going back to their country. It’s very difficult to see.”

Rosales also brings up what he calls the “most amazing” thing. “In spite of everything going on – the brutal arrests, the bad conditions, the broken legal system - my clients all love this country. They love the United States. They’re learning the language and want so badly to stay here.”

He goes on to say, “The people are honest, hardworking, very religious, family oriented people. I really enjoy working with this population. It’s stressful and really hard to see what they’re tolerating in the facility but I’m so grateful and honored to be working with this group of people. But right now, I’m talking to you while I’m at a park with my little daughter and my clients should have that same right, too.”

When asked what one thing keeps him the most awake at night, Rosales says, “This is really nothing new and I don’t know if it’s ever going to stop. Since this country has been founded, there’s always been an attack on human rights and the most vulnerable people have always been the target. And now here we are with ICE and immigrants are being targeted, victimized and demonized and we’re still violating civil and human rights. We’re still doing it.

“Anyone who thinks that because they’re a citizen, they’re safe, they should just look at WWII where Japanese citizens – born and raised here – were put in internment camps only because they’re Japanese. So, my question is…who’s next?”

Anyone wishing to contact Joseph Rosales of Rose Law can do so by calling 720.717.5106. call and leave a message. He guarantees he will always respond within 24 hours.  People also have the option of mailing him at jrosales@roselegal.us.

Note: After being detained in the ICE facility in Aurora, Jose Aguilar was transferred to an ICE facility in El Paso. He was eventually deported back to Mexico. The Valley Courier was unable to confirm his immigration status at that time.