Caught Between Two Systems

Early this morning I was in court. My case was carried over from yesterday. This happens when a judge, who is set to decide on a pre-trial issue, needs more information to make a decision. Yesterday, I stood before a state judge in Houston, Texas asking for a bond to be reinstated on my client Santiago. Santiago, or Chago, as his loved ones call him has been in custody since October 2024 on one charge. He was arrested by Harris County and taken by ICE the next day. While in ICE custody (which is through the federal system) his state case was called and he did not appear. Through his family support, he was able to get a federal bond through ICE after months of waiting, in jail.

Upon posting the ICE bond, he was served with a warrant for failing to appear (FTA) in his state case hearing. When a person has an FTA no bonds will issue until they go before the issuing judge. Essentially, they get punished for not appearing. I downloaded all of the immigration orders and quietly made a timeline of what happened in his case to ask the state judge to reinstate the original bond as opposed to entering a new one and having Chago’s family scramble to get more money for a third bond for the same offense. I hear his name called and I stand and say my name announcing to the court we are present and asking the court reinstate his original bond. The state, whom I’ve already communicated with tells the court, “judge we don’t see immigration bonds often at all so we have no problem reinstating his original bond before this court.”

The judge looks worried.

There is an awkward silence. My client is shackled in orange. His eyes are tired. He looks down as he is processing what is happening, back to jail in his mind. It hits me. We are five days into the golden age and this judge is afraid to act.

The judge politely asks me to take a seat. I feel a lump in my throat as I feel the inevitable creeping. Chago’s face partly scowly, partly pitiful looks at me and shrugs. I reassure him that he will be going home soon. I can see he wants to believe me. After sharing the documents with the Court, the prosecutor shuffles around some papers and is busy typing into a database. An hour goes by and most of the people have left the court room. The judge scans the room, and I sit up from my slouch from behind my laptop screen. He calls me forward and says, “I am not prepared to reinstate the bond.” “Do you want me to set this matter for hearing or carry it over to tomorrow?” Before he can finish his thought, “carry over, please judge.”

“Fine, no guarantees but if I can get more on confirming he’s been in custody since he last appeared here, I may.” “Let’s just carry it over,” he mutters before he commits. I head home and await the download of additional documents from the immigration proceedings which my attorney friend totally rocked on. There it is…the subject was released from the Harris County Jail into ICE custody on October 16, 2024.

On the ride home, I realize I have a field trip to attend tomorrow. Shit, I don’t even process my own commitments before signing up for justice. I practice how I am going to tell my daughter. The news isn’t well received. We’ll go to court then head to the field trip as soon as we can.

I prepare a visual timeline, memorize the dates, and am prepared with evidence.

I am there early, I ask the court to approach. He remembers me and asks me to wait. Ugh. Here I am living what so many are fearing. My client is still in shackles and the judge is chicken heart. The State finally stands and asks to advise the court they’ve confirmed everything and do not oppose reinstating the original bond. An emotion takes over. One I can’t explain. Either way, I get to go home, but the vulnerability of discretion is thick. “Let me go on the record for this one,” the judge says sternly.

I made it to the field trip a bit late to join my daughter exploring physics and astronomy, a world away from justice.

My client is now home. Awaiting the daunting settings of many more state and federal hearings. This fight is just the beginning after 90 days in jail for one alleged offense in which the state announced it is not seeking jail time. He has no prior history and has been in the United States since he was a child.

@Martie Garcia Vela

@Martie

Copyright 2025 Martie Garcia Vela for FRONTeras.