NORTH CHARLESTON, S.C. (WRDW/WAGT) - A woman is now asking questions on behalf of her significant other after an Immigration and Customs Enforcement raid occurred in North Charleston.Franklin Gerardo Arce is shown in the video getting out of his car at his home on Ireland Drive with his arms up in the air as unmarked vehicles and ICE law enforcement rush into the yard.Celeste Hernandez, his significant other, said that although she doesn’t know the reason behind this, Arce has been in the process of getting his visa papers back after getting them taken away years ago.Nina Cano, an immigration attorney, said there are some rights everyone has, whether someone is documented or not. She said these constitutional protections include: a right to see a judge, a right to have a hearing, and the right to due process. One distinction, though, they do not have the right to an attorney.The video shows Arce complying with the instructions and not resisting, which is one of the reasons Hernandez is fearful of knowing this is what it looked like when they were “doing it the right way.”“I didn’t want them to put any force on him because, you know, he wasn’t a threat and he wasn’t holding any weapon against them. So, there was no need for all of that, especially for them to speak to him in a violent way,” Hernandez said. “There’s no need for all of this aggression.”Hernandez did acknowledge her rushing out, running towards them, but says it was a response to fear, and that’s when the officer pointed a gun at her.“We never know--might just get shot for doing that,” she said.In the video, it can be seen that the officer then shoved Hernandez, pushing her back into the house and shutting the door.“They just said that he has an immigration warrant, which I mean didn’t make sense to us because he has an immigration court date on December 23,” Hernandez said.Cano says ICE typically makes arrests with an administrative warrant, meaning a judge does not have to sign off on the warrant.“ICE only needs a reason to believe that they’re here and documented. Now, a lot of immigration attorneys have been criticizing ICE for basing those that reason to believe on racial profiling or on their language and not necessarily on their lawful immigration status,” Cano said.Hernandez said Arce is currently in an ICE processing center in Georgia, but will be fighting for justice.“Not many speak out because they’re scared or not many have enough evidence to prove that this happened. So, this was the reason for me to go ahead and speak up and try to spread awareness for him and get the justice he deserves because he’s not here to protect himself and to speak up for himself,” she said.Cano said that although they are not representing Arce, he will most likely have obstacles to fighting this case. She said as of recently, ICE has been pushing back on the ability to get a bond hearing and putting people under mandatory detention, denying them bond.“The constitutional protections are greatest inside of your home, and if someone’s inside of their home, I recommend exercising your right to an attorney, exercising the right to remain silent, exercising the right to demand a warrant signed by a judge because the administrative warrants that ICE has simply are not in conformance with Fourth Amendment protections,” Cano said.Copyright 2025 WRDW/WAGT. All rights reserved.