Street Food Vendor Facing Deportation Granted Bail in Las Vegas Immigration Court
A street food vendor in Las Vegas who was facing deportation has been granted bail by the Las Vegas Immigration Court. Jose Carlos Hernandez Perez, an asylum seeker and street food vendor, was detained by Immigration Customs and Enforcement (ICE) on August 9. However, during a virtual appearance in immigration court, he was granted release on $2,500 bail.
The decision by the court is a significant step in reducing Hernandez Perez’s chances of deportation, according to his immigration attorney, State Sen. Edgar Flores, D-Las Vegas. Flores highlighted that the grant of bail signifies that Hernandez Perez is not a danger to the community, is not a flight risk, and has potential relief options available to him.
Had bail been denied, Hernandez Perez might have had only a few months to fight his immigration case. However, since he is now released, he will likely have two to three years to pursue his asylum case and be with his family. Furthermore, being released on bail also allows him to fight the pending charges he faces in another case. These charges include battery on a protected person, violation of mobile food vendor regulations, and obstructing a public officer. Hernandez Perez is expected to appear in criminal court on October 9.
This recent development comes after the passing of a new law in Nevada, which aims to create a legal path for street food vending. Although the law took effect on July 1, a task force is not required to assemble until January 1, and the county must still implement relevant ordinances and licenses for street food vendors.
The confusion surrounding the new law has been a result of mixed messages. Hernandez Perez and his family business, like others, understood that it was permissible to sell on the streets following the law’s passing. State Sen. Fabian Doñate, D-Las Vegas, the primary sponsor of SB 92, has acknowledged this confusion and is now working on an educational campaign to ensure compliance with the street food vending law.
Community efforts to support Hernandez Perez have also been noticeable. Supporters gathered in front of the Homeland Security building in Las Vegas to demand his release on August 18. Additionally, a fundraising event to raise bail money was held at a local barbershop, the Exclusive Empire Barber Lounge.
As the case of Jose Carlos Hernandez Perez continues to unfold, it highlights the complexities and challenges faced by street food vendors and the need for clarity and education surrounding new legislation. With his release on bail, he now has an opportunity to fight his immigration case, his pending charges, and pursue asylum while being with his family.
