The U.S. Department of Homeland Security has launched a probe into the conduct of one of U.S. Sen. Tammy Duckworth’s aides, who is accused of misrepresenting himself to visit a Staunton restaurant owner who was detained by immigration agents.

U.S. Immigration and Customs Enforcement agents detained Ismael Ayuzo Sandoval, 41, on Oct. 29 in Staunton. Within hours, Duckworth’s staffer, Edward York, arrived at the St. Louis ICE office to see Ayuzo.

ICE Acting Director Todd Lyons, in a letter sent to Duckworth’s office on Wednesday, claimed that York misrepresented himself as an attorney to get access to Ayuzo and falsified a federal document.

“This staff member allegedly did so to gain access to the detainee and seek his release from custody, and he accomplished it by falsifying an official Department of Homeland Security (DHS) form,” Lyons stated in the letter.

Attorneys must have a Form G-28, a Notice of Entry of Appearance, to receive information on a client’s deportation case. York requested a Form G-28, according to the letter, then asked an agent about the status of Ayuzo’s case.

In the letter to Duckworth, Lyons stated Ayuzo is a “40-year-old criminal illegal alien from Mexico” who has been removed from the country four times and has been convicted of driving under the influence.

“He was issued a final order of removal more than 20 years ago, in 2003,” the letter stated.

The letter ended with a request that Duckworth respond to eight written questions, including whether York was employed by her office and acting under her direction and authorization. He asked for her responses by Nov. 17.

Duckworth’s office declined to comment.

On Wednesday morning, York’s attorney, Thomas Keefe III of Swansea, said he had not seen the letter.

“All I know is from what I have seen on Fox News,” Keefe said.

Members of Congress and their staff may submit a case assistance request on behalf of someone without legal status, but the detainee must sign a form to allow ICE to communicate with them, according to the ICE website.

Stay of deportation brief

Ayuzo remains in ICE custody in a federal detention center in Ste. Genevieve, Missouri. His attorney, Marleen Suarez of Fairmont City, filed a stay of deportation on his behalf Wednesday.

In the brief filed in Chicago, Suarez argued that Ayuzo has a pending application for a T-Visa, which is a U.S. nonimmigrant visa that allows human trafficking victims to live and work in the U.S. for up to four years. No further details were available concerning that application.

The brief further stated that Ayuzo is the father to two daughters, who rely on his support financially and emotionally as he is involved in their school activities and day-to-day care.

View a PDF o the letter in new tab

“His removal would create an undue burden on his entire family as he is the sole financial support through his restaurant in the city of residence,” the brief stated.

The brief also asserts that Ayuzo’s immigration case is complicated by a 17-year-old driving under the influence charge.

Records show that Ayuzo entered a guilty plea to one count of driving under the influence of alcohol in St. Clair County in 2008. In exchange for his guilty plea, the judge sentenced him to pay a $1,450 fine, attend a victim impact panel and alcohol treatment as recommended. In exchange, the judge suspended his conviction. Upon completion of all the supervision conditions, his charge would be dismissed with no conviction entered on his record.

In 2010, Ayuzo completed his two-year supervision, paid his fines and all the requirements, and the case was dismissed without a conviction.

Suarez stated that at the time of his guilty plea, Ayuzo wasn’t represented by an attorney, had limited understanding of English and was not warned about possible ramifications to his immigration status. Due to his limited language skills and exposure to the court system, Ayuzo mistakenly believed the prosecutor was acting as his attorney.

“Defendant’s plea in this matter has significantly impaired his ability to obtain legal immigration status in the United States,” the petition stated.

The petition stated that Ayuzo had no other criminal charges, that he has complied with business regulations related to his restaurant, the Caldera Bar & Grill, and was current on income, sales and business taxes with the Internal Revenue Service and the state of Illinois.

“Mr. Ayuzo has deep and compelling ties to his community. He is a much-beloved business owner, friend and support for many people,” the petition stated. Attached to the petition were 13 letters of support for the stay of his deportation.

‘He took responsibility for that’

Ayuzo’s detention spurred a rally on Nov. 2 that drew hundreds in Staunton — a town of around 5,000 people in Macoupin County.

Karra Adler, 44, lives down the street from Ayuzo’s family in Staunton. She attended the rally with a sign that said, “free my neighbor” and said she was overcome with sadness for Ayuzo’s family when she heard about his detainment.

“The reason they’re using for it? The DUI? He took responsibility for that,” Adler said. “It’s such garbage.” Adler said that despite what’s been happening in Chicago, the Staunton community didn’t expect ICE there.

“We’re a community of immigrants,” she said. “My family came from Germany. We all come from somewhere.”

Gov. JB Pritzker also weighed in on Ayuzo’s arrest three days after the rally.

“Ismael (Ayuzo) was a business owner for two decades in a community that showed up for him when he was taken away by Donald Trump’s Stormtroopers because of the color of his skin,” Pritzker said during an appearance in the Metro East.

On Wednesday, a federal judge in Chicago ordered the release of hundreds of people detained by ICE in Trump’s “Operation Midwest Blitz.” Attorneys stated the agency violated a federal consent decree by making arrests without warrants.

Those arrested in Chicago without warrants, do not have mandatory detention orders and do not pose a “significant threat” must be granted bond by noon on Nov. 21, according to the ruling. They included U.S. citizens and children who were zip tied during a raid on their apartment building.

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Reporter Janelle O’Dea of Illinois Answers Project contributed to this story.

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