Teen in ICE Custody Seeks Return to School

A Teenager’s Struggle for Freedom and Education

On a bright summer morning, Benjamin Marcelo Guerrero-Cruz took a casual stroll with his dog in Van Nuys, just days before the start of his senior year in high school. Now, the teenager spends most of his time confined to a cell at the Adelanto Detention Center in San Bernardino County. He is allowed to be outside in the sun for only one hour a day in a yard area enclosed by razor wire and barbed fencing.

What he thinks about and consistently talks about is his desire to return to Reseda Charter High School. “Every time I speak with him, he shares his plans to go back to school,” said Liz Becerra, his former English language development teacher, during a press conference Monday outside the Los Angeles Unified School District (LAUSD) headquarters in downtown LA. “Even while still in detention, that’s where his mind is.”

Keeping the Public Aware

Becerra is among many supporters of Guerrero-Cruz who are trying to keep his detainment in the public spotlight. The press conference was the second one held by Union del Barrio, along with a group of concerned teachers, since he was arrested by Immigration and Customs Enforcement (ICE) agents on Aug. 8. “These actions matter … for him to know that he is not forgotten,” said Becerra. “As long as he’s there, we will be here … talking about him and advocating and asking for him to be released.”

The Department of Homeland Security released a statement following media attention when the teen was initially apprehended:

“Benjamin Guerrero-Cruz, an illegal alien from Chile, overstayed his visa by more than two years, abusing the visa waiver program under which he entered the United States, which required him to depart the United States on March 15, 2023.”

Federal officials have stated that the teenager will remain in custody while awaiting deportation.

Valerie T., (who opted to provide a pseudonym) a neighbor of Guerrero-Cruz who witnessed his arrest, said she, too, has spoken to the teen on the phone and visited him multiple times in the past three months. “My last visit was my favorite,” she recalled. “We talked about everything – from Halloween costumes to the Dodgers games, to what he eats there, if he’s getting any sleep.”

They also spoke about the teen’s morning routine at the Adelanto facility. “During the small window [of time] he is allowed to go outside, he said he rushes to get out first and find a tiny sliver of sunlight,” Valerie said. “Feeling the sun on his face, he sits, he closes his eyes and he breathes.” A moment later, he’s back in his cell, she said.

ICE detention centers are required to offer at least one to two hours of daily recreation, which may include time outdoors. Valerie said she plans to continue advocating for her neighbor’s release. “I will not stand by as this boy is kept in the shadows of Adelanto,” she said. “We will continue to fight for his rights. He will feel the bright light of freedom once again. ‘We will fight for Benjamin. Free Benjamin!’ she said. The group broke into a chant, “Free Benjamin! Free Benjamin!”

Teachers’ Organization Wants the Student Released

The California-based Association of Raza Educators (ARE) is also supporting the effort to release Guerrero-Cruz. “[ARE] believes that Benjamin Marcelo Guerrero-Cruz and every student in Los Angeles deserves access to education, which is a fundamental right regardless of their immigration status,” said Lupe Carrasco Cardona, chair of the ARE LA.

Carrasco Cardona said immigration authorities under the Trump administration are aware that many undocumented immigrants are afraid of raids and deportation, feel unable to advocate for their loved ones, and face family separation. “Benjamin is 18 [years of age] and should be a senior in high school,” said Carrasco Cardona. “And like my very own son Mateo, who is also a senior, he needs his mom and his mom and siblings need him.”

Carrasco Cardona believes the school district has a moral obligation to take a stand in support of Guerrero-Cruz and other undocumented youths. “ARE demands that [the] LA Unified School District stand up in defense of Benjamin, by providing resources to his family and to his attorneys and bring him home now,” she said.

LAUSD Provides Response

In an email response on Nov. 4 following a request for comment from the San Fernando Valley Sun/el Sol, LAUSD spokesperson Tom Cohen wrote:

“Los Angeles Unified stands united in promoting the educational rights of every student and family during this period of heightened immigration enforcement.”

The email also emphasized that the district is working with city leaders to strengthen safety measures at and around schools. Cohen highlighted the district’s We Are One campaign that reminds families of their rights and offers legal referrals, mental health services, and a dedicated Family Hotline. “We have also created a Family Preparedness Packet – available in multiple languages – to help families understand what to do if approached by immigration officers,” the email stated.

Ingrid Viera, a member of Union del Barrio, appealed to immigration judges and leaders to release Guerrero-Cruz and reminded the public about the tragedy facing the teen. “He was apprehended two weeks after his 18th birthday, a senior in high school, a teenager,” she said. Viera is also an LAUSD teacher. She pointed out that many students are traumatized by the current immigration raids.

“We as educators have children that have families with mixed statuses, and our students are not the same students that they were last year,” she said. “They’re just not. Our students live in fear every day. … We have to talk to them about this all the time.”

Students Live in “Quiet Fear”

School psychologist Clemen Avalos confirmed Viera’s observations. “What we have seen happening has created this weird, pervasive mood of quiet fear amongst the students.” She shared that there has been an increase in teachers’ referrals of students who need help. “This year, I had twice as many referrals, and a lot of them were not making sense. I had third graders, fourth graders, even fifth graders coming to my office and begging to go home,” reporting feeling sick.

However, Avalos said that children are actually afraid of not finding their parents when they return home. “No child should go to school fearing that their parents are gonna be gone, that their grandparents won’t be at home, or that they’ll be walking down the street and be taken from the street,” she remarked. “But that’s what happened to Benjamin. He was just … walking down the street when he was taken. I just can’t imagine the fear that he felt that morning.”

For her part, retired attorney Val Carlson of South LA questioned immigration authorities’ crackdown and tactics, including the arrest of Guerrero-Cruz. “It’s horrible, absolutely outrageous that they’re doing that, it’s cruel,” she said, holding a sign that read, “No ICE. No KKK. No fascist USA.”

Carlson, who also practiced immigration law, added, “They’re not arresting criminals. They’re just getting everybody every which way and it’s getting nastier.” Carlson encouraged people to get involved to support Guerrero-Cruz and undocumented immigrants, and force a stop to the immigration crackdown. “We all have to stand up,” said Carlson.