Hernan Rafael Castro, a green card holder living in the U.S. for two decades, was arrested in late-May over “knowingly” making a “false certification” on his naturalization application, according to court documents reviewed by Newsweek.
Newsweek has reached out to Immigration and Customs Enforcement (ICE), the U.S. Marshals, the U.S. Attorney’s Office in Arizona, and an organizer on behalf of Castro via GoFundMe, via comment on Wednesday.
Why It Matters
President Donald Trump has pledged to launch the largest mass deportation operation in U.S. history, and immigrants residing in the country illegally and legally, with valid documentation such as green cards and visas, have been detained
The initiative has seen an intensification of ICE raids across the country as well as reports of people being arrested at immigration appointments.
A Customs and Border Protection warning published on July 9 said, “Possessing a green card is a privilege, not a right.” It added that legal residents arriving at a port of entry with prior criminal convictions may be detained in advance of removal proceeding.
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GoFundMe/AP Photo/Yuki Iwamura
What To Know
Castro, who came to the U.S. more than two decades ago and has permanent legal resident status, was arrested on May 31. He reportedly did not disclose on his 2022 citizenship application a drug arrest that occurred in his teenage years, according to The Guardian.
A May 28 indictment from the U.S. Attorney’s office in Arizona, which was reviewed by Newsweek, stated that Castro “knowingly made a false certification on Form N-400, Application for Naturalization,” in June 2022. The indictment states that Castro answered “no” to a question asking, “have you ever, sold or smuggled controlled substances, illegal drugs, or narcotics?”
Providing incorrect or false information on immigration forms can lead to serious delays and consequences in the application process, including impacting one’s eligibility.
There have been several motions filed in his case, with his attorney noting that the “defendant, through undersigned counsel, and the Government are continuing to work in good faith to complete the disclosure process, which includes evidence that is relevant to the issue of Defendant’s detention.”
In June, he pleaded “not guilty to all pending counts,” according to the court docket. His legal status and ability to remain in the U.S. will be dependent on the case’s outcome.
The Guardian reported that his lawyer stated Castro is held in the custody of U.S. Marshals.
In Tucson, Arizona, where Castro lives, he is known for his love of mushroom cultivation, foraging, and harvesting. He runs an online business called Desert Alchemist.
A GoFundMe created on his behalf has raised over $33,000.
What People Are Saying
Casiana Omick, a friend of Castro, wrote in a GoFundMe for Castro: “Hernan is being unjustly punished despite going through all the legal avenues of citizenship, he has been a green card holder for over 20 years and was trying to apply for full citizenship. This case highlights a significant issue in our current immigration system, in which individuals can be unfairly torn from their families and lives even when they go through all the proper legal process of immigration, and even after living in this country legally for decades.”
Immigration and Customs Enforcement (ICE) states on its website: “U.S. Immigration and Customs Enforcement finds, prosecutes and removes convicted felons who lie on immigration forms. Everyone who applies for naturalization must truthfully answer a series of questions to show that they have the good moral character required to become a U.S. citizen. Some of the questions include:
“Have you ever committed a crime or offense for which you were not arrested?””Have you ever been involved in any way with forcing, or trying to force, someone to have any kind of sexual contact or sexual relations?””Have you ever sold or smuggled controlled substances, illegal drugs or narcotics?”
When people lie on their immigration forms, ICE uses its authorities to find, prosecute and remove them.”
Linda Dakin-Grimm, an immigration attorney, told The Guardian: “Misrepresenting something, leaving something out can result in your status being taken away,”
What Happens Next?
A detention hearing in Castro’s case was originally scheduled for July 30. It has been rescheduled for 10 a.m. on August 20, according to the court docket. The hearing will take place in Tucson before Magistrate Judge James E Marner.
