From Mistaken Identity to Deportation? ICE Roils Helena as it Plans to Remove Father, Husband
Christopher Martinez was mistaken for another wanted man. After years of trying to gain citizenship, his family fights to keep him in Montana
By Jenna Martin, Daily Montanan
It began with a search for Anderson DeJesus Bastidas Linares, a man Immigrations and Customs Enforcement (ICE) wanted for assaulting a family member with a weapon.
It ended with Christopher Martinez, a 31-year-old Helena man (who authorities said looked a lot like Linares) in custody, pulled away from his wife and four children, and facing deportation even though he’s lived in the country for years.
Originally, Helena Police said that Martinez was being detained because he was an associate of Linares — a statement they’ve now walked back.
Now, Martinez may face removal from the country because a law enforcement officer thought he looked like Linares and his license plate was expired.
Martinez first came to the United States as a minor in 2008. He’s attempted to attain citizenship since turning 18, a process his wife, Maria Pacheco, describes as “very difficult.” He’s been living in Helena with Pacheco and their four children since July 2022.
“We love Helena. He loves the cold,” said Pacheco. “We’d put on our winter coats and walk around the parks. We always go to the lakes in the summers, grill hot dogs and hamburgers, just let the kids run. We have fun.”
On Monday, Martinez was stopped for speeding by Lewis and Clark County Patrol Division. He received a citation for driving without a license, a notice to appear in court, and was sent on his way.
On Tuesday, while driving home during his lunch break, he was stopped again – this time by a combination of the U.S. Marshals Service, Homeland Security Investigations, and U.S. Border Patrol, with assistance from the Helena police.
“The long version is federal marshals and HP task force officers were hunting for a guy that had a felony warrant. During surveillance, they saw a male that essentially one of the federal agencies said, ‘Hey, this might be the guy. He matches a description. He’s getting in a red truck. He’s leaving,’” said Lieutenant Adam Shanks, of the Helena Police Department. “So they looked at the red truck. They ran the license plate. It came back as an expired license plate. That’s when they requested our assistance.”
Shanks said that Helena Police may assist federal agents in tasks such as traffic control or peacekeeping, and their policy does not prevent them from cooperating with various federal agencies in specific circumstances. He noted that the Helena Police policy is open to the public.
“Our officers were actually just going to give him citations and he was going to leave and cut him loose,” Shanks said. “They were then informed by the Border Patrol agents that happened to be along with the Federal Marshals that day that they were going to take custody of him because of his immigration status.”
In their official press release, Helena Police confirmed the initial target was Linares and that Martinez was believed to be one of his associates.
The Helena Police no longer stand by that.
“From what I understand and from what I’ve been told, it’s not clear enough to say that he was,” Shanks said.
News of the arrest and ICE’s presence in Montana’s capitol city caused alarm and outrage.
The arrest lit up social media and soon it had blossomed into a full-scale panic as news the arrest translated into a belief that ICE was trying to transport Martinez out of state. From there, community members started planning a rally at the courthouse for Martinez’ release.
The Lewis & Clark County Sheriff’s Office shared the post on their own Facebook page, labeling it “pure propaganda” and “false information.”
“I stand by that,” said Sheriff Leo Dutton. “The reason I did that is I did not want a bunch of people trying to rush around security and causing a public safety issue.”
Nearly 31 hours later, the original post was removed and a correction has been made.
Regarding future cooperation with Border Control, Dutton said that going forward, Lewis & Clark County would not be detaining anyone who doesn’t hold local charges. The county does have some experience partnering with federal immigration agencies.
Pachecho told the Daily Montanan that her husband loves Montana, loves his family and has tried for years to get through the cumbersome and confusing naturalization process.
With a short drive of only four minutes, Pacheco said Martinez comes home from work every chance he gets.
“He doesn’t like to have lunch at work because he wants to spend time with us,” she said. “And he knows I always have a hot meal for him here.”
“He has fun with me,” said 4-year old Aurora Martinez. “He watches movies with me.”
“We watch a lot of ‘Madagascar,’” Pacheco said. “That song ‘Move It, Move It’ – every time we’re in the car, every time he comes home on lunch breaks, that’s the go-to song. All three of the little ones start dancing.”
Even as Martinez was continuing citizenship paperwork, Pacheco was surprised how “quick and in the dark” his detention was.
“They took my husband without any rights, with nothing,” she said. “They took him in a van that wasn’t even labeled. The people that took him were dressed in black, had no logo on their clothes either. He didn’t get a chance to talk, he didn’t get his right to have an attorney during the time he was held. The way they just stopped him because he looks similar to one of them, and just automatically sent him to ICE makes no sense to me.”
Martinez is being represented by Upper Seven Law and has filed a petition for a writ of habeas corpus that challenges his detention as a violation of his Fourth Amendment rights and asks the court to prevent him from being removed from Montana or the United States until his claims can be heard.
“Mr. Martinez was arrested and detained by Helena police and federal authorities based on what appears to be racial profiling,” said Andres Haladay, an attorney with Upper Seven Law. “Consistent with normal court procedure and the federal Constitution, the Montana District Court ordered federal authorities not to transfer Mr. Martinez out of Montana while we challenge those actions.
“Shared racial or ethnic characteristics are not a reasonable basis for determining that someone has committed a crime or is in the United States unlawfully.”
Haladay said even communicating with his client has been difficult.
“We got notification that he was there,” said Haladay. “Lewis and Clark County was relatively unhelpful in not confirming his presence, confirming his presence, agreeing to let us speak with him and then preventing us from speaking with him. In all of that, another unmarked vehicle with Washington plates arrived and took him away from the detention center while we were still trying to secure access to him.”
According to Dutton, mistakes were indeed made.
“That’s the first time in 41 years that it’s ever happened,” said Dutton, regarding cooperation with Border Control. “My staff may or may not have done everything right. We just have never had this before.”
A hearing for Martinez is scheduled for 1:30 p.m., July 10 at the Russell Smith Federal Court in Missoula.
“We are zealously challenging an apparent unconstitutional exercise of federal power in our hometown,” said Haladay. “In Montana, we stand by our neighbors.”
For now, Haladay believes that Martinez will remain in Montana, based on an order from U.S. District Court Judge Dana Christensen, who will oversee the case.
“I have received representations that they are honoring this order,” Haladay said.
Pacheco is still awaiting news from her husband, and while she does, her focus remains on her children.
“You know as a mother I try to look for solutions, and not having a solution is heartbreaking. I just tell them we’re going to go through this, we just pray to God that everything works out,” she said.
A community fundraiser for the family has raised nearly $5,700 to help with additional costs. Pacheco expressed gratitude to those in the community.
“I appreciate everything everyone is doing. Just to know that I have a lot of people who care is amazing,” she said. “I was so overwhelmed, you know, I have no solution. I heard a lot of people, when they’re detained, it takes like months for people to get to talk to them. I was really worried. I thank everybody in the community that is helping us.”
Her children are thinking only of their father.
“I care for my father very much. I want my baby brother to grow up with him the way me and my sisters did,” says 10-year old Lourdes, speaking of her 1-year old brother, Christopher Martinez, Jr.
“He’s the best dad I could ever have,” says 6-year old Melody.
“I miss my dad so much,” said 4-year old Aurora. “I want to see him. I want him to come back.”