ICE responds to viral video, claims that agents left boy at bus stop after detaining his mother

AUSTIN, Texas - The Department of Homeland Security is giving its own account of what happened after a viral video reportedly showed an ICE detainment in North Austin.

The video was put into the spotlight by Mayor Pro Tem Jose "Chito" Vela. 

The backstory:

On Oct. 1, Vela reposted a video on X which appeared to show a young child crying as vehicles with flashing lights are seen in the background. In his caption, Vela stated, "ICE arrested the mom of a 9-year-old at a school bus stop in Austin, leaving him alone and crying."

In the video, one woman can be heard asking, "She was just standing here?" with another woman responding, "Yeah, and they [expletive] took her."

"The gist of it was that she was where she was because she was taking her child to the school bus stop," says Vela. "It made me sick. You hear the child's cries. You hear the frustration and anger in the people's voices. In no way, shape, or form is a school bus stop the appropriate place for ICE to be conducting law enforcement activities."

He says he first discovered the incident through social media, where people began to make him aware that it had happened in his district along Northgate Boulevard. 

The video was captured by the wife of Leonardo Pelaez and initially shared to Facebook, where it has garnered thousands of views and shares. Vela says he reached out to the account in order to confirm what they saw, gain information on the boy and his age, as well find out what his family situation was. 

FOX 7 Austin asked Vela how he verified information about the boy before sharing the video to social platforms.

"I think the video speaks for itself. It was more, ‘When did this happen? Where did this happen?"’ says Vela. "I reached out to them, had a brief conversation, just trying to make sure and authenticate it as much as possible. And once I felt comfortable with that, I posted it."

DHS's account of the arrest

What they're saying:

The Department of Homeland Security has since released its own account of what unfolded, with an ICE spokesperson telling FOX 7:

"On Oct. 1, ICE encountered… an illegal alien, during a vehicle stop. After learning she was the sole caregiver for minor children who may have been left without supervision, ICE released her approximately 10 minutes later. No children were present during the stop, and ICE has not confirmed that the child heard crying in a circulating video is related to (her). We encourage all illegal aliens to take control of their departure with the CBP Home App. The United States is offering illegal aliens $3,000 and a free flight to self-deport now. We encourage every person here illegally to take advantage of this offer and reserve the chance to come back to the U.S. the right legal way to live the American dream. If not, you will be arrested and deported without a chance to return.

FOX 7 asked an ICE spokesperson if it was normal procedure for federal agents to release detainees who are the sole caregiver for children who may be left unsupervised. We were told that it is done on a "case by case basis."

Vela's response to DHS's account

The other side:

When asked to respond to ICE’s claim that there was no child there at the time of traffic stop, Vela found it hard to believe.

"That's obviously untrue. There's a child right there. There's another group of parents that are right there filming this entire interaction," said Vela. "If ICE has video, body cam video that they're supposed to have, or dash cam video that they absolutely should have in their vehicles that either contradicts this video or corroborates it or whatever the case may be, they should go ahead and share it."

Vela says that he has not been in contact with the woman detained or the child in the video but believes that the child went to school following the incident. 

In a comment posted to the original Facebook video, Leonardo Pelaez says the boy was never left alone and insisted on going to school. Pelaez says his wife waited with him until the school bus arrived.