'Unlawfully present in the US': ICE responds to man injured during operation in Kansas City, KansasElmer Omar Guevara Martines, 28, has no criminal record in Kansas or Missouri.KANSAS CITY, Kan. —We're hearing from ICE officials after a man in Kansas City, Kansas, says he was injured in an ICE operation. Elmer Omar Guevara Martines says he was pursued and injured by ICE despite not having a criminal record or being ordered to leave the country.It happened Sunday in Kansas City, Kansas, near 8th and Minnesota Avenue, when Martines was running errands.That's when witnesses say ICE vehicles pulled up to him, officers got out, and started to chase him."I see this man running and two officers running after him. They break the window, and he's hurt. They tackle him on the floor," said Gisela Ardon, who witnessed the incident while at work.Martines' family says he ran from the officers in fear."ICE Chicago, Kansas City suboffice officers were conducting targeted enforcement operations July 26 in Kansas City, Kansas, when they encountered Elmer Omar Guevara-Martinez, 28, an illegal alien from Honduras," a spokesperson told us. "Guevara refused to obey lawful commands and chose to put officers, the public, and himself in danger and to risk injury by fleeing on foot. Officers arrested Guevara for being unlawfully present in the United States."Martines' family told us he was trying to become a citizen while working as a painter.We checked the Kansas and Missouri court systems; neither showed him to have a criminal record."If nothing's really changed, they haven't committed any crimes. They're filing applications, they're trying to fix their status, and there's not really any due process for them to arrest them again," said Scott Girard, attorney at Girard Immigration Law. Girard, who's not connected to the case, told us if you are trying to become a citizen and encounter ICE you need to be prepared having documents like a green card, an aslyum application, or a hearing notice."Having the documents with you is important because it still is a discretionary decision. Right now, it doesn't seem like there's much discretion that ICE officers have in how they detain someone," said Girard.Martines is now in ICE custody awaiting removal proceedings."That's why we're getting all this confusion, all this fear and everything, because there's not really any common sense that's being used right now," said Girard.As far as injuries go, ICE told us Martines received a lower leg injury.His family told us he had injuries to his lower leg, tendons, and lower knee, causing him to have surgery.Here's an ICE spokesperson's full statement:"ICE Chicago, Kansas City suboffice officers were conducting targeted enforcement operations July 26 in Kansas City, Kansas, when they encountered Elmer Omar Guevara-Martinez, 28, an illegal alien from Honduras.Guevara refused to obey lawful commands and chose to put officers, the public, and himself in danger and to risk injury by fleeing on foot. Officers arrested Guevara for being unlawfully present in the United States.Guevara sustained a lower-leg injury during the arrest. Officers immediately contacted emergency responders. Meanwhile, Guevara continued to resist and once again attempted to flee from officers.First responders arrived a short time later and transported Guevara to a local hospital for evaluation, while officers accompanied him. He was treated and released into ICE custody, where he remains pending removal proceedings and will receive full due process under federal law.Guevara unlawfully entered the United States in 2017 and was previously allowed to voluntarily depart the United States.Illegal aliens have a choice. They can leave voluntarily and preserve the opportunity to come back to the U.S. the legal way to live the American dream. If not, they will be arrested, deported, and permanently barred from returning. We encourage all illegal aliens to take control of their departure by using the CBP Home app. All illegal aliens who use the app will receive a free flight home and $2,600."