Migrant Justice organizer, detained for a second time, is now charged with helping people cross border illegally
Mar 26, 2026
Demonstrators gather outside the Federal Building in Burlington to support Jose Ignacio “Nacho” De La Cruz during his hearing in federal court on March 26. Photo by Glenn Russell/VTDigger
José Ignacio “Nacho” De La Cruz, a longtime immigrant rights organizer who was detained for nearl
y a month last summer, is now charged with helping people cross the border without authorization and producing false Vermont driver’s privilege cards.
De La Cruz, who goes by Nacho, was detained by federal agents again early Thursday outside his place of work, according to the U.S. Attorney’s Office for the District of Vermont and organizers with Migrant Justice, the immigrant rights organization De La Cruz helps lead.
A grand jury returned an indictment of De La Cruz last month, according to a press release from the U.S. Attorney’s Office and court documents. If convicted, he could face up to 15 years in prison and a minimum of three years.
De La Cruz was arraigned in federal court in Burlington Thursday afternoon. He pleaded not guilty to all of the charges and remains detained.
Jose Ignacio “Nacho” de la Cruz with his son. Photo courtesy of Migrant Justice.
De La Cruz’s detention comes months after he and his then-18-year-old stepdaughter were detained by Border Patrol in a traffic stop that raised questions about racial profiling. De La Cruz is a Mexican national and does not have a visa, according to court documents.
A crowd of about 50 people quickly assembled outside the federal courthouse in Burlington Thursday morning in support of De La Cruz. The crowd grew to over 150 people by the time the hearing concluded Thursday afternoon.
Will Lambek of Migrant Justice speaks to demonstrators gathered outside the Federal Building in Burlington to support Jose Ignacio “Nacho” De La Cruz during his hearing in federal court on March 26. Photo by Glenn Russell/VTDigger
Among the crowd was Ace McArleton, who works with De La Cruz at New Frameworks, a construction company organized as a workers’ cooperative. McArleton said that when colleagues showed up to work this morning, they found De La Cruz’s car unlocked and still warm, and his red Migrant Justice thermos lying in the parking lot.
“Nacho is a dear friend, coworker, colleague,” McArleton said. “We’ve shared meals, we’ve taken care of each other’s children.” De La Cruz has a child who is around 3 years old, McArleton said, and has worked at the company for about five years.
“I’m torn between panic, grief, and fury and rage,” McArleton added.
In court documents filed Thursday morning, the federal government alleged that De La Cruz had helped people without legal status enter the U.S. In a press release, the U.S. Attorney’s Office said De La Cruz had allegedly “renewed Vermont driver’s privilege cards for aliens living outside of Vermont and took learner’s privilege tests on behalf of others.”
Driver’s privilege cards are available to Vermont residents regardless of immigration status.
The allegations stem from a search warrant issued for De La Cruz’s phone after he was detained last June, according to court documents. After that detention, Border Patrol agents noted that De La Cruz’s phone number was a possible match for a phone number that appeared in a deportation case. In that case, a woman communicated with someone named “Nacho” for assistance crossing the U.S.-Canada border, according to an affidavit filed by Border Patrol agent David T. Palczewski.
The U.S. attorney’s press release tied De La Cruz’s case to the Trump administration’s efforts to intensify immigration enforcement over the past year, saying the case is part of an effort the government calls “Operation Take Back America,” which has required the U.S. Department of Justice to “surge” resources towards immigration enforcement.
A hearing next Thursday will address whether De La Cruz should remain detained while he awaits a trial. The government has argued against his release, saying in court documents that he may try to flee if released. De La Cruz’s lawyer, Barclay Johnson, said in court that he intends to oppose De La Cruz’s continued detention.
Rossy, center, the partner of Jose Ignacio “Nacho” De La Cruz, is comforted by Thelma after his hearing in federal court at the Federal Building in Burlington on March 26,. The pair declined to provide their last names. Photo by Glenn Russell/VTDigger
Will Lambek, an organizer with Migrant Justice, said in an interview that De La Cruz is not a flight risk, and that he had remained in Vermont after he was released from detention in July and has continued to attend hearings in his immigration case.
“Nacho never should have been in immigration custody to begin with,” Lambek added, saying that his initial detention in June may have constituted racial profiling.
“He is a member of the community, he deserves his freedom, and we’re standing by him,” Lambek told the crowd of supporters outside the courthouse.
Lambek declined to comment on the charges against De La Cruz. Johnson, De La Cruz’s attorney, also declined to comment on the ongoing case.
“I feel like I’m living through a nightmare right now,” said De La Cruz’s partner Rossy, who asked that only her first name be used because of concerns for her safety, to the crowd through an interpreter.
“I already went through this several months ago when he was detained, and now I’m going through it again.”
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