This story has been updated to more clearly reflect that Hector Gonzalez is not an attorney but a federally accredited representative through the Department of Justice, as reported in the Vail Daily on March 25, 2026.
Hector Gonzalez, who is not an attorney but an “immigration advocate” authorized by the Department of Justice to assist people in immigration court, was recently interviewed on La Nueva Mix, a Spanish-language radio station in Glenwood Springs. He had many answers to questions posed by Bianca Godina, editor of Sol del Valle, myself and Axel Contreras, La Nueva Mix’s program director. Gonzalez’ immigration office, Connect Immigration, is based in Gypsum.
At a later date, I interviewed Jennifer Smith, an immigration lawyer based in Glenwood Springs, to ask some follow-up questions.
The radio interview began with Gonzalez telling us how the laws that govern Immigration and Customs Enforcement (ICE) and those for police departments are different. For instance, police in Colorado are not supposed to ask about someone’s immigration status or arrest them for that reason. Also, ICE can’t just pull someone over. If ICE is present at a traffic stop, local law enforcement must have initiated the stop.
Gonzalez said it is important to stay calm when approached by either an ICE officer or a police officer. Even though there should always be a legal reason for why ICE is detaining someone, Gonzalez noted that a first impression can influence whether or not someone is detained. This is because ICE agents are able to use their discretion. However, he said that it is anyone’s constitutional right to remain silent, and he suggested not oversharing information.
Godina asked about “red cards.” These are small cards that undocumented residents can carry with them which state their constitutional rights. Gonzalez mentioned that if someone does have such a card, it is very crucial that the information is correct.
Red cards can be beneficial for undocumented residents to carry with them, agreed Smith. However, a red card could be used for ICE encounters but not necessarily with local law enforcement. When stopped for a traffic violation, for example, drivers are always required to present their driver’s license, proof of insurance and registration.
Gonzalez advised that it’s important to know who to call in case someone ends up in ICE custody, and it’s important that that contact is a licensed immigration representative. It’s also very important to tell your lawyer the full truth, so they aren’t surprised to learn new information later in the courtroom. He said that people are often taken advantage of by “notarios” — people who might help fill out documents but are not real attorneys.
Gonzalez and Smith agreed that people need to be cautious with social media and when offered assistance from people who are not licensed attorneys. Many people fall for such scams and lose their money without getting any results. Under the current executive orders, people will face removal proceedings once an application is denied, according to Smith.
Crossing the border without permission is a civil violation, not a crime. However, criminal charges are possible for people who reenter the United States after being removed.
The government has to bring civil charges against someone in order for a person to go to immigration court. “The government, theoretically, has the discretion to do that to every person, but it also has the discretion not to,” said Smith. Meaning, sometimes people are not given the chance to argue their case before being deported.
For instance, if someone previously entered the country and was already issued a return order, they could be in jeopardy of “reinstatement of removal,” which allows the government to remove someone based on the previous order without a court hearing.
“There’s also something called expedited removal, which, as of today, basically applies to anybody anywhere in the United States who’s been here less than two years,” said Smith. Expedited removal was expanded on Jan. 21 — the day after President Donald Trump took office — and puts people at risk of being removed without the chance to see a judge first.
Generally, when someone is picked up by ICE they are first taken to a processing center where their fingerprints and biometric information are recorded, according to Smith. From there, someone would be taken to a detention facility, most likely in Aurora if detained in Colorado. Generally, once someone is detained they have the right to request a bond and go in front of a judge to explain why they should be released in the United States while their court proceedings are happening.
The judge might consider if a person is working and other connections they have in the United States. The bond cost varies depending on a person’s case and if a judge feels that the person will be accountable for showing up to court hearings.
In addition to having an attorney on speed dial, Smith said people should have a plan. First, they should know whether or not they will give any information to ICE. Again, people do not have to give information to ICE, including their birthplace or immigration status. However, someone can decide to explain if they are in the process of obtaining status or how long they have been in the United States. It’s good to designate someone who knows where important documents are kept and for parents to have someone their children can call in case they are detained.
For more information about Connect Immigration, visit www.connectchurchcolorado.com/es/immigration For more information on Jennifer Smith’s law office, visit www.smithknudson.com