COLORADO SPRINGS, Colo. (KKTV) - A 'Dreamer' who avoided prison time after causing a deadly crash in Colorado is now in ICE's custody in Aurora.
Oscar Guerrero-Olivares was bought to America from Mexico when he was only a baby as the child of an undocumented immigrant. He later qualified for the Deferred Action for Childhood Arrivals program, which aims to give temporary protection to undocumented immigrants brought to the country as children. Guerrero-Olivares gainied DACA status, and with it, he was legally able to work in the U.S.
Then, after years of living in Texas, Guerrero-Olivares was arrested in Colorado in November of 2017. His lawyer, Dan Kay, tells 11 News Guerrero-Olivares and his best friend decided to drive to Colorado Springs for Thanksgiving. Guerrero-Olivares admitted he was behind the wheel when he crashed on I-25 in Fountain. His best friend, and passenger, was killed.
“Junior ended up dying at Oscar's arms," said Kay. "From Thanksgiving day to 121 days later, he was in custody."
Kay tells 11 News Guerrero-Olivares was held at the El Paso County Jail until March, after a judge ruled that ICE requests weren't lawful grounds to hold undocumented immigrants.
Court records show Guerrero-Olivares was charged with vehicular homicide, DUI, and not having insurance. Arrest papers reveal no roadside tests were done, but an officer reported "a strong odor of an unknown alcoholic beverage." In November 2018, court records show Guerrero-olivares took a plea deal and the DUI and no insurance charges were both dropped.
After pleading guilty to vehicular homicide, Guerrero-Olivares faced up to six years in prison. At a sentencing hearing on January 10th, the victim's family asked for mercy and the judge sentenced Guerrero-Olivares to six years of probation.
"They all were consistent in asking for probation. No jail," said Kay.
Then, just days after he was sentenced to probation, he was arrested at Poor Richard's where he worked in Colorado Springs.
"There was no warning," said Richard Skorman, who owns Poor Richard's. "Oscar was getting ready to come to work and there he is in handcuffs. My employees were really upset. We didn't understand what was happening."
Skorman tells 11 News Guerrero-Olivares planned to follow the rules of his probation and keep his job.
"The judge, the probation officer, the DA, everybody agreed that this is a person who could make his life right," said Skorman. "And then, ICE came in and said, ‘No. We’re going to take him away and we’re going to probably deport him.’”
Guerrero-Olivares's attorney says he had no idea that he was on ICE's radar, especially after the judge's ruling in March that ICE requests weren't lawful grounds to hold undocumented immigrants.
“There are some people that may need to be deported for whatever reason, but Oscar is not one of them," said Skorman. "He’s got a wife. He’s got a family. People love the man. He’s very conscientious. And, yes he made a mistake. And, he’s willing to pay for it.”
Records show that Oscar Guerrero-Olivares is being held at a federal facility in Aurora, Colorado. 11 News reached out to ICE to ask why he's being held and if he is losing his DACA status. No one could provide any answers because all of ICE's public affairs officers are out of the office for the duration of the government shutdown.