SAN ANTONIO -- In January, Julio Trujillo was arrested for domestic violence but his attorney Lance Curtright says his stay in the Bexar County jail turned into a nightmare.
"They were holding him to see about a possible immigration violation," said Curtright.
Trujillo's assault charge was dropped in March and he wasn't charged for any offense violating federal immigration laws but ICE still had that detainer on him and he ended up staying in jail for 75 days without an arrest warrant.
"Bexar County shouldn't hold them for any time without a warrant. These detainers are not warrants they're not based on probable cause."
Curtright said normally ICE shows up within 48 hours and that Trujillo even made several requests to figure out why he was still in jail. Including a letter written on April 29th, in which Trujillo asks 'What's my release date?' at the bottom of the letter, you see a note that says 'hold for ice.'
Curtright said, "What we have right here is a situation where Bexar County officials are attempting trying to implement immigration laws in concert with immigration officials and because they don't know the immigration laws, because they're not trained in this area, and because they're not legally mandated to do it, we have people like Mr. Trujillo who fall through the cracks."
The complaint was filed two weeks ago. Curtright hopes to get closer to justice within 60 days.
KENS 5 contacted both the Bexar County Sheriff's Office and ICE but neither could comment because this is an open case.
A background check of Trujillo revealed no other incidents besides the family violence arrest.
(© 2016 KENS)