Diego Castro was helping his Uber passenger unload her suitcase from the trunk last Friday morning when a black SUV pulled up head-on in front of his car.
Moments later, U.S. Border Patrol agents were asking to see proof of his legal status in the United States. Within minutes, he was handcuffed and taken away. Photographers from the Chicago Sun-Times and another local news outlet were at the scene and captured the arrest.
For 10 hours, his family had no idea where he was taken.
Castro and his family had spent weeks anxiously watching President Donald Trump’s aggressive deportation campaign play out in the Chicago area, worried this could happen to any one of them. That’s despite the fact that he and his relatives have protected status and pending asylum cases.
“We’ve already seen that they don’t respect [people seeking legal status], we’ve already seen that they’ve taken other people in the same [situations],” Castro’s mother says in Spanish. She asked not to be named out of fear for her and her family’s safety.
Castro, 33, came to the United States on a tourist visa from Venezuela and applied for asylum in 2017. He’s been waiting to be interviewed about his eligibility ever since. In that time, he had a daughter who’s now 6 years old.
He also received Temporary Protected Status for Venezuelans in 2021 from the U.S. government, shielding him from deportation until its expiration on Nov. 7.
The Sun-Times did not find any criminal record for Castro in Cook or surrounding counties.
“This was done with no legal cause,” says Castro’s cousin, who also asked not to be named. “He was still in order with all of his papers.”
An Uber ride interrupted
Julia Mueller was visiting Chicago from southeastern Pennsylvania to decide if she wanted to relocate here. When it was time for her to move from an Airbnb in Lake View to a new one in West Town, she ordered an Uber. Castro was her driver.
At the end of the 4-mile trip, she had the “terrifying experience” of watching masked federal agents question Castro and take him away in their unmarked Chevy Suburban.
“My heart is just broken,” Mueller says. “Whether anyone is here legally or illegally, they deserve to be treated like a human being and not just taken off the street with no prior notice.”
Mueller says she didn’t know what to do, or even if she was allowed to record video of the encounter.
“I was trying my best to get out of the situation,” Mueller says. “I’m a 24-year-old person of color, and I was like, ‘OK, if I interfere with this, as much as I want to, I might be taken.’”
When the agents put Castro in the SUV and drove away, his belongings were left behind. That included his car and his phone, with the Uber ride still running. A $10 trip became $77.
Mueller told Uber customer support that Castro had been detained. She asked them to let his emergency contact know.
She got a message back saying, “We’re sorry to hear your trip didn’t go as smoothly as expected.” Uber told her “this trip isn’t eligible for a price adjustment” that she requested.
Uber didn’t respond to multiple requests for comment and information about how they support drivers.
“I know [Castro’s] one of thousands, but these are real human beings that have actual lives and families and people that care about them,” Mueller says.
‘I never expected to go through something like this’
Castro was held at the U.S. Immigration and Customs Enforcement facility in west suburban Broadview after his arrest. He called his family from there a handful of times and described “inhumane” conditions: extremely crowded rooms, people sleeping on the floors and a “horrible” smell.
In a call last Friday evening, the first his family had heard from him since he was detained, he said ICE officials were telling him to sign his deportation papers. Otherwise, he would be transferred to a detention center in a neighboring state. His parents pleaded with him not to sign anything.
He has since been transferred to the ICE detention center at Hopkins County Jail in Madisonville, Ky.
Castro’s mom starts crying when asked about her son being taken 400 miles away.
“As his mother, I’m having a very hard time,” she says in Spanish. “The times we were able to talk, which were about seven calls when he was in Broadview, he cried a lot each time and said he was scared. Obviously, we’re not doing well.”
In response to questions about Castro’s detention, the U.S. Department of Homeland Security said in a statement attributed to assistant secretary Tricia McLaughlin that Border Patrol agents arrested Castro because he “overstayed his tourist visa by almost 10 years.”
“President Trump and Secretary Noem are committed to restoring integrity to the visa program and ensuring it is not abused to allow aliens a permanent one-way ticket to remain in the U.S.,” McLaughlin said.
DHS disputed that Castro had Temporary Protected Status, claiming it expired Sept. 10.
“He will remain in ICE custody pending removal proceedings,” McLaughlin said. “All of his claims will be heard by an immigration judge.”
The U.S. Supreme Court allowed the Trump administration to terminate TPS for Venezuelan nationals this year. But those granted the status in 2021, like Castro, were given Nov. 7 expiration dates. McLaughlin didn’t answer questions about Castro’s TPS or his pending asylum case.
Legal experts say the Trump administration has made a number of policy changes that make it more difficult for immigrants seeking legal pathways to remain in the United States, including through asylum.
Castro’s mom says her son, who plays soccer and is dedicated to his family, had started to make a life in Chicago after he applied for asylum. Lately, he’d been learning how to ink tattoos so he can become a tattoo artist.
“[We] came to the United States fleeing the situation in Venezuela, seeking tranquility in [our] home and with [our] family,” she says. “I never expected to go through something like this. This isn’t just about Diego; it’s about all Latinos.”
Castro’s partner says he’s a “great father” and has always been there for their 6-year-old daughter. He’s sensitive, has a good heart and always wants to help people, she says.
“I feel like all of those things are going to be taken into consideration so he can be released,” she says in Spanish. The Sun-Times is not naming her in order to protect her privacy.
Castro’s family set up a GoFundMe page that has raised more than $9,000 to help cover legal fees after his arrest. The family is still hopeful his asylum application will be considered.
Castro’s partner says she hasn’t been able to sleep knowing he’s locked up “like a criminal” and unsure what will happen next. When he’s been able to speak with his family, Castro has asked about his daughter, she says.
Asked if their daughter was aware of her dad’s detention, Castro’s partner says, “No, [she] doesn’t know anything.
“She heard us worried, she heard us crying, and she just asked us if something happened to dad,” Castro’s partner says. “And we told her that nothing happened, and that dad is traveling but that he’ll be back soon.”
Contributing: Adriana Cardona-Maguigad, Sophie Sherry