Border Patrol officials say they detained a Guatemalan father and daughter in Spokane earlier this month because he missed multiple required immigration check-ins as he sought asylum in the United States.
Arnoldo Tiul Caal and 10-year-old Karla Tiul Baltazar were arrested Jan. 10 despite an ongoing asylum case and transported to the Dilley Immigration Processing Center, in Dilley, Texas, where they remain.
They had lived in Spokane since 2019. Karla was a fourth-grader at Logan Elementary School.
Olga Lucia Herrera, who has volunteered to help immigrants going through immigration processes in Spokane, said Tiul Caal’s and Karla’s arrest came as a surprise, since the father was told at a court hearing just weeks before the detention that their next court date would be in 2027.
Through broken communication, Herrera spoke with Tiul Caal earlier this week. He told Herrera he was worried about Karla.
“Karla is sick; she has a fever and is vomiting,” Herrera said.
Herrera said Karla may have the flu or could be affected by the food served at the center that detainees have described as moldy and containing worms.
“He’s scared,” Herrera said. “I get nervous because I’ve known this kid; she’s never been sick.”
A statement issued by U.S. Customs and Border Protection on Wednesday said Spokane Sector Border Patrol agents arrested Tiul Caal and his daughter after three missed check-ins in 2023 with Immigration and Customs Enforcement. The statement said he also missed seven check-ins between Oct. 21, 2024, and May 1, 2025. On July 10, 2025, Tiul Caal was terminated from ICE’s Alternatives to Detention program due to seven more missed check-ins.
Alternative to Detention programs are used to supervise immigrants while on “release” in the community as they attend court proceedings and check-ins with immigration enforcement. From October 2025 to present, 97% of those who took part in the Alternative to Detention program attended their court appearance, ICE data shows.
Most of the people taking part in Alternatives to Detention programs were monitored with SmartLINK, a phone app that allows ICE to GPS monitor what they deem “low risk” immigrants while on release. SmartLINK allows people to check in using facial recognition technology.
Herrera said Tiul Caal was told to check in through the app every Wednesday. She said there were times he did not have enough money to pay for cell service, though she cannot say for sure whether that affected his check-ins.
She also said the app can be difficult to navigate, especially for people facing language barriers. Tiul Caal’s native language is Q’eqchi’, an indigenous Mayan language used by some 1 million people in Guatemala, according to the University of Virginia Institute of World Languages.
Herrera said the only in-person check-ins she is aware of took place Oct. 21, 2024, and May 22 when she accompanied him. She added that during a Dec. 3 court hearing – just weeks before the detention – the family was told their next court date would be in 2027.
If officials had concerns about missed check-ins, Herrera said, they should have addressed it then.
“They never explain to the people how serious these check-ins are, because sometimes they’re random, ” Herrera said. “If it was so serious when he went to court, they should have addressed that then. Instead, they say, ‘You have court in 2027.’ ”
According to Geoffrey Heeren, a law professor and director of the immigration law clinic at the University of Idaho, ICE has the authority to detain someone during a check-in under the Immigration and Nationality Act.
However, people in removal proceedings still have the right to request bond before a judge, Heeren said, though that right has at times been challenged under the Trump administration.
“Somebody who is in removal proceedings, like it seems like this family is, should be eligible to ask for bond from a judge, but the Trump administration has taken the position that they don’t have that right,” he said. “That position has been rejected by most of the courts that have looked at it, but litigation continues.”
Inside the detention center, Karla has told Herrera she is bored and confused about why she is there.
“She said, ‘I’m bored. Why am I in prison?’ ” Herrera said.
Karla is also worried about losing her English skills, Herrera said, but there is little to help. The only books she can access are baby books.
More than 2,700 miles away in Guatemala, Karla’s mother relies on updates from Herrera. Those conversations are always “sad,” Herrera said.
“The mom is stressed … like any mom, she’s worried,” Herrera said. “She says, ‘I thought they were going to be free.’ ”
Jennyfer Mesa, executive director of Latinos en Spokane, said it is difficult to know whether Border Patrol’s account is accurate, especially as arrests continue to increase across the country.
Mesa said the nonprofit is continuing to support the family through legal guidance.
“They are not respecting due process. They’re also not letting people show up to court. So how is it that at this moment, we know that they’re speaking the truth,” Mesa said. “Why? Why should we believe it now?”
Reporters Alexandra Duggan and Orion Donovan Smith contributed to this article.
