COLDWATER, Kansas — The former mayor of Coldwater, Kansas, has been ordered to report to federal immigration detention after pleading guilty to voting illegally as a non-citizen.
Former Mayor Joe Ceballos has been ordered to report to the Immigration Customs Enforcement Detention Office in Wichita Wednesday morning. Whether he will ultimately be removed will be decided by immigration officials. His attorney is not confident he will avoid detainment Wednesday.
Ceballos last month pleaded guilty to three misdemeanor charges for voting without being a U.S. citizen. He is a permanent legal resident, but not a citizen.
Ceballos could be deported for what he called “an honest mistake.” Ceballos said he thought permanent residency meant he was allowed to vote.
Ceballos immigrated from Mexico when he was 4 years old in 1975 and has lived in the U.S. ever since. He said he doesn’t speak Spanish anymore.
Jess Hoeme was his attorney during the voting fraud case and calls the detention order a “travesty of justice.”
“It's almost like a crime against humanity, almost — moving someone from their home that they've built for 45 years,” Home told the Kansas News Service.
Kansas Attorney General Kris Kobach said in a statement back in November when announcing the charges against Ceballos that “voting by noncitizens, including both legal and illegal aliens, is a very real problem.” .
Kobach and a spokesperson for ICE had not responded to questions at the time of publication.
Ceballos said last year he is “pretty sure” he voted for Kobach and Trump because he always voted Republican like his friends did.
Leading up to Ceballos' hearing, Kobach amended the charges from felony to misdemeanor due to a lack of intent.
Ceballos was well-known in his community as someone who regularly fixes things around town. He is a business owner and local cattle rancher. He was elected twice after encouragement from the community, despite not having his citizenship.
Comanche County District Court Judge Sidney R. Thomas sentenced Ceballos to one year of probation with a six-month jail sentence that is suspended. Ceballos also agreed to pay a $2,000 fine plus court fees.
Hoeme said Ceballos is likely to be detained but he believes the charges should not affect his legal immigration status.
“It's not anything that immigration can use to remove him,” Hoeme said.
Hoeme said that despite that, he is not confident Ceballos will avoid detainment.
Ceballos was actively pursuing his citizenship since February of last year. During one of the interviews, Ceballos said he had voted in elections in the past.
Hoeme thinks that is why the Department of Homeland Security is seeking to detain Ceballos. He said he hoped Kobach would step in, but was admittedly frustrated.
“He could help us. He could say, ‘no, this is not justice’,” Hoeme said. “This is 1935 Germany.”
Calen Moore covers western Kansas for High Plains Public Radio and the Kansas News Service. You can email him at cmoore@hppr.org.
The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio.
Kansas News Service stories and photos may be republished by news media at no cost with proper attribution and a link to ksnewsservice.org.
