A father and his children detained by Immigration and Customs Enforcement in Durango last month say they want to return to their home country of Colombia.

Immigration officials admitted during a federal court hearing that Fernando Jaramillo Solano was not their intended target during the enforcement action in Durango on Oct. 27.  Jaramillo Solano was driving his children, ages 12 and 15, to school when they were detained.

The arrests prompted protests and a physical conflict between agents and demonstrators that the Colorado Bureau of Investigation and U.S. Customs & Border Protection are now investigating.

“Fernando the father, is exhausted after being held in detention for almost a month. His decision to stop fighting from inside detention isn’t about giving up, it’s about getting his children out of jail, where no child should ever have to languish,” said Matt Karkut, Executive Director of Compañeros Four Corners Immigrant Resource Center.

He said the detention and separation from the children’s mother, Estela Patiño, who remains in Durango, is devastating.

“This case is not an isolated incident but rather a trend, a worrying one of families across the country that are being pushed to abandon their legal rights because detention is so traumatizing, especially for children,” said Karkut.

Department of Homeland Security Assistant Secretary Tricia McLaughlin provided a statement addressing allegations of mistreatment of the family during their initial detention in Durango before being transferred to a family facility in Texas, and an update about their imminent return to Colombia:

“This is disgusting and wrong. Members of the media should really stop and ask themselves why these people ran directly to the press and activists to make such heinous allegations, rather than report it to any law enforcement authorities. The facts are that on October 27, ICE arrested Fernando Jaramillo Solano, an illegal alien from Colombia, during a targeted immigration enforcement operation in Durango, Colorado. 

Jaramillo illegally entered the country on June 24, 2024, near San Diego, California, and was RELEASED into this country [by] the Biden administration. He and his two children did not utilize the CBP Home program and are therefore do not qualify for its incentives. They were granted a voluntary departure by the immigration judge and ICE will facilitate their return.

 Additionally, no one was denied adequate food. It’s disgusting the  [Associated Press] is peddling these lies about law enforcement. This type of garbage is contributing to our officers facing a 1000% increase in assaults and a 8000% increase in death threats

“ICE does not separate families. Parents are asked if they want to be removed with their children or ICE will place the children with a safe person the parent designates. This is consistent with past administration’s immigration enforcement. Parents can take control of their departure with the CBP Home app and reserve the chance to come back the right legal way.”

Karkut said advocates will continue to work for the family’s release.

“This isn’t a family without a case by the way. Estela, the mother, is the primary asylum applicant and her claim is very strong. Members of her family have been killed by violence in Colombia that would threaten Estela if she returns. So she has a very legitimate reason to fear going back. And our asylum laws exist precisely for people in exactly her situation.”