ICE Agents Realize They Arrested Wrong Teen, Say 'Take Him Anyway'

Federal immigration authorities apprehended a 19-year-old in New York despite realizing he was not the intended target.

The young man, Merwil Gutiérrez, was later deported to El Salvador's notorious super prison, despite his family's insistence that he has no gang ties or criminal history.

His father, Wilmer Gutiérrez, is now searching for answers after his son was snatched by Immigration and Customs Enforcement (ICE) agents.

"The officers grabbed him and two other boys right at the entrance to our building. One said, 'No, he's not the one,' like they were looking for someone else. But the other said, 'Take him anyway,'" Wilmer told Documented, "an independent, nonprofit newsroom dedicated to reporting for immigrant communities in New York City."

Why It Matters

El Salvador's President Nayib Bukele responded Monday to questions about the deportation of Kilmar Abrego Garcia, stating that he lacked the authority to return individuals sent by the U.S. to the Terrorism Confinement Center (CECOT).

This remark came amid growing criticism of the government's handling of due process, opponents accusing the administration of bypassing legal safeguards in its treatment of deportees. Critics argue that Garcia's deportation reflects a broader pattern of disregarding constitutional rights, sparking concerns over the erosion of legal protections in the country's justice system.

President Donald Trump has pledged to conduct the largest deportation operation in American history as his administration looks to remove millions of undocumented immigrants. The White House has said anyone living in the country unlawfully is considered a "criminal" by the federal government. Since the beginning of Trump's second term, thousands of migrants have been arrested.

What To Know

Gutiérrez, who fled instability in Venezuela and was pursuing an asylum case in the U.S, was detained in the Bronx by ICE agents conducting a targeted operation.

According to his father, the agents initially acknowledged he was not the individual they were seeking—but chose to detain him anyway.

Just days later, Gutiérrez was deported to El Salvador, where he was transferred to a high security prison known for housing members of violent gangs, including the transnational criminal group Tren de Aragua.

His family and attorneys say he has no criminal record, no gang affiliations, and "not even a tattoo," which authorities often use to profile alleged gang members.

Wilmer Gutiérrez last spoke to his son on March 16 during a brief call allowed by police. He had spent days searching for information, visiting police stations and courthouses, only to be told there was no record of his son.

During the call, Merwil Gutiérrez said he was being held in Pennsylvania and expected to be transferred to Texas before returning to Venezuela. That transfer never happened.

Wilmer Gutiérrez later discovered through a news report that his son had been deported to El Salvador under the Alien Enemies Act of 1798. Videos circulating online showed detainees in harsh conditions, their heads shaved and marched to cells.

"I could have understood if he'd been sent back to Venezuela," he said. "But why to a foreign country he's never even been to?"

In May 2023, Wilmer Gutiérrez left Venezuela with his son Merwil and nephew Luis, traveling through Colombia and the Darién Gap into Panama. The monthlong journey eventually brought them to Ciudad Juárez, Mexico, where they applied for Temporary Protected Status (TPS) through the CBP One app. While waiting for their immigration appointment, they took temporary jobs and slept near the border to keep their place in line.

Before leaving Venezuela, Wilmer had lived in Los Teques, near Caracas, working for the state oil company PDVSA and later running a cellphone repair business. However ongoing political instability and a collapsing economy made it increasingly difficult to support his family, including his three children and his mother, who was battling cancer.

What People Are Saying

William Parra, an immigration attorney from Inmigración Al Día said: "Merwil was detained for hanging out with friends and was at the wrong place at the wrong time. ICE was not looking for him, nor is there any evidence whatsoever that Merwil was in any gang."

Aaron Reichlin-Melnick, senior fellow at the American Immigration Council said in a post on X, formerly Twitter: "19-year-old Merwil Gutierrez was grabbed off the street in New York City days before he was sent to El Salvador. His family insists he has no connection to Tren de Aragua. He doesn't even have any tattoos."

What Happens Next

Gutiérrez's legal team is calling for immediate diplomatic intervention to secure his release and safe return.