- ICE official Marcos Charles says 5-year-old was left behind when Ecuadoran father fled arrest
- Advocates question why child was left in freezing conditions, demand body camera footage
- Incident sparks competing narratives as both sides accuse media of bias
CHICAGO (TDR) — ICE Enforcement and Removal Operations Field Office Director Marcos Charles on Friday publicly defended his agency's handling of a 5-year-old boy left in freezing conditions during an arrest, claiming the child's Ecuadoran father "abandoned" him while fleeing and accusing journalists of spreading "relentless smears" against officers.
The case—first reported by WBEZ Chicago based on witness accounts—has become a Rorschach test for immigration politics, with ICE framing officers as compassionate protectors and advocates demanding accountability for leaving a child unattended in sub-freezing temperatures.
"ICE encountered the boy's father, a criminal illegal alien from Ecuador, who fled from our officers and left his young son behind in the freezing cold, ABANDONING him. The boy's family even refused to take him into their house. Our officers ensured the boy's safety regardless."
—Marcos Charles, ICE EAD Chicago, statement
WATCH: ICE EAD Marcos Charles exposes the activists' lies and media smears surrounding the case of the 5-year-old boy.
ICE encountered the boy's father, a criminal illegal alien from Ecuador, who fled from our officers and left his young son behind in the freezing cold,… pic.twitter.com/SLyuFf9rVA
— U.S. Immigration and Customs Enforcement (@ICEgov) January 23, 2026
ICE's Account: Compassion Amid Chaos
Charles's statement—released on ICE's official X account—added details not initially reported: that officers took the child through a drive-through for food before reuniting him with his detained father, and that relatives at the scene declined custody.
"After ICE detained the father, our officers spent time with the young boy — even taking him through a drive-through for some food — before reuniting him with his father. The smears against our officers and this agency are relentless and continue to put our personnel at greater risk of attack. It must end."
—Charles statement, continued
ICE has not released body camera footage or identified the father, citing "pending criminal proceedings." A spokesperson told reporters the father had "multiple prior removals and a criminal conviction for aggravated assault."
Witness Accounts: A Different Picture
Initial reports from neighbors and WBEZ's investigation describe a scene that diverges from ICE's framing:
- Neighbors told reporters the child was left unsupervised for "10 to 15 minutes" while officers pursued the father;
- Temperature at the time was 18°F with wind chill near zero;
- A neighbor, Maria Santos, said she found the child "shivering and crying" before officers returned;
- The family disputes ICE's claim they "refused" custody, stating they were not asked until after the child was already in a patrol vehicle.
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"They didn't ask us to take him. They left him there. I found him. I called to him. Then they came back and acted like they saved him."
—Maria Santos, neighbor, to WBEZ
Advocates Demand Transparency
The National Immigration Forum and ACLU of Illinois have filed Freedom of Information Act requests for body camera footage, 911 calls and incident reports.
ACLU attorney Ed Yohnka said:
"Whether the father fled or not, leaving a 5-year-old alone in sub-zero temperatures violates basic child welfare protocols. The public deserves to see the footage, not read press releases."
Child welfare experts note that federal guidelines require "immediate protective custody" for children left unattended in dangerous conditions, raising questions about why officers did not secure the child before pursuing the father.
Media Coverage Debated
Charles's statement accused media of "relentless smears," but did not specify factual errors in reporting. WBEZ's original story included ICE's initial "no comment" and was updated with Charles's full statement once provided.
Media critics note the incident highlights tensions in immigration coverage: advocates accuse outlets of sanitizing enforcement harms, while enforcement supporters claim critical reporting endangers officers.
"Both sides want the media to be their PR firm. Our job is to report what we can verify—and push for the footage that settles disputed facts."
—Maria Hinojosa, Futuro Media
What Is Verified
Confirmed facts, per WBEZ and ICE:
- A 5-year-old child was present during an ICE arrest on January 22 in Chicago;
- The father was detained; the child was later reunited with him;
- Temperatures were below freezing;
- ICE and neighbors offer conflicting accounts of how long the child was unattended and whether family was asked to take custody.
CLICK HERE TO READ MORE FROM THE THE DUPREE REPORT
Unverified claims:
- ICE's characterization of the father as "criminal" (no conviction records released);
- Whether family "refused" custody;
- Duration of child's unsupervised time;
- Whether drive-through visit occurred before or after neighbor intervention.
What Happens Next
The Department of Homeland Security Inspector General has opened a preliminary review. Illinois Governor JB Pritzker called for "full transparency," while Rep. Darren Bailey (R-IL) praised ICE's "professionalism under pressure."
FOIA responses are due within 20 business days; body camera footage, if released, could resolve disputed facts.
"The truth is on the tape. Release it, and let the public decide who abandoned whom."
—Yohnka, ACLU-IL
Bottom Line
A 5-year-old in freezing conditions. A father detained. An agency defending its conduct. Neighbors telling a different story. Until video emerges, the incident remains a clash of narratives—each side accusing the other of distortion, each claiming to protect the child.
If body cameras exist to settle disputed facts, why does their release require a FOIA fight?
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