The owner of a Guatemalan bakery in Lake Worth Beach is facing a federal charge that could lead him to be deported after U.S. Immigration and Customs Enforcement and the Florida Highway Patrol detained him on July 9.
Authorities on July 14 charged Jacob Zapeta-Castro with re-entering the country "without having received the express consent from the Attorney General or the Secretary of the Department of Homeland Security for re-admission into the United States" after being removed both in 2013 and 2017, federal court records state.
Zapeta-Castro's family said the father of two children, who both witnessed his detention, has a request for asylum pending before the immigration courts, but the criminal courts will deal with the re-entry felony before that request is heard, said Mark Eiglarsh, his Miami-based attorney.
"While he did have an active asylum application at the time of his arrest, that will not serve as a valid defense against the criminal charge he’s facing," Eiglarsh said. "It will hopefully serve as mitigation and help to get the best resolution possible."
Zapeta-Castro's detention has shaken Lake Worth Beach, home to many recent immigrants from Central and South American and the Caribbean, and it is the latest local example of a change in federal policy, a Palm Beach Gardens immigration attorney said.
Past administrations chose not to detain people with pending asylum cases, but President Donald Trump sees it differently in his push to target immigrants in the United States without documentation, said the attorney, Jeffrey Devore.
"The Trump administration takes the position that a pending asylum application is not a lawful status," Devore said.
If convicted, Zapeta-Castro faces up to 10 years in prison and a fine of up to $250,000, Eiglarsh said. It can also result in a permanent ban both on returning to the United States and on applying for citizenship.
Attempts to reach his family for comment were not immediately unsuccessful. Eiglarsh said watching "the center of their world" being detained traumatized Zapeta-Castro's children.
At his first court appearance on July 17, West Palm Beach Magistrate Judge Bruce Reinhart ordered that Zapeta-Castro remain in custody pending his trial. He will have an arraignment hearing on July 29, Eiglarsh said.
ICE said abrupt truck turn led agents to pursue, arrest Lake Worth baker
An ICE spokesperson said Zapeta-Castroo, who owns El Quetzal Panaderia y Cafeteria on Lucerne Avenue, was undocumented, had been deported multiple times and had a criminal record related to a 2012 DUI case. His family and employees denied Zapeta-Castro was undocumented.
Zapeta-Castro's family said he applied for asylum in 2024. His arrest report acknowledges that application and even said the Guatemala native filed a petition for withholding of removal, a protection against deportation for people who fear persecution if returned to their home country.
Gilbert Zapeta, his nephew and El Quetzal's manager, said Zapeta-Castro had a valid Social Security number, work permit and driver's license at the time of his detention.
The incident began at midday on July 9, when federal agents were conducting "routine at-large immigration enforcement" in the central part of the county, according to Zapeta-Castro's arrest report.
ICE officers came in contact with Zapeta-Castro after a black GMC truck "almost made contact" with an agent's vehicle at Third Avenue North and North E Street, about a quarter-mile northwest of the bakery.
They reported Zapeta-Castro sped away and ran through stop signs. Officers followed his truck until it stopped near El Quetzal. Zapeta Castro ran in and locked the door behind him, according to the report.
As a crowd of about 45 people watched, Zapeta-Castro soon surrendered to ICE agents. Then they transported him to an ICE building in Stuart for processing.
Family says Lake Worth baker returned to store to protect employees
Gilbert Zapeta, who was working at the bakery that day, told a different story. He said his uncle ran in shouting that immigration officers were outside, and then locked the doors. Then Zapeta-Castro rushed to the window to see his two children left in his truck.
Zapeta-Castro called his children on their cellphone, his nephew said. The children told him that officers were saying they'd detain them if Zapeta-Castro didn't come out, Gilbert Zapeta said. Officers released the children to a family member.
Officers told Zapeta-Castro they would enter the bakery and detain more people if he didn't surrender, Gilbert Zapeta said.
Zapeta-Castro told his employees and clients that he would surrender to ICE to spare them from detention and separation from their families. Minutes later, Zapeta-Castro opened the door with his hands in the air.
Outside, his son sobbed as he watched deputies place his father in handcuffs.
"Te quiero papi," he yelled into a megaphone. I love you, Daddy.
Detained man offered jobs, support for family at Lake Worth bakery
Zapeta-Castro opened El Quetzal in 2009, employs several family members and often helps neighbors in need with food donations, Eiglarsh said.
Eiglarsh said the "emotional toll" of Zapeta-Castro's detention required his children to seek medical care. They have begun therapy since his detention.
Eiglarsh said Zapeta-Castro also suffers from medial conditions including liver cirrhosis and diabetes, and his family fears he could experience a medical emergency while in custody.
Lawyer: Trump team changed government's stance toward aslyum seekers
Devore said past presidential administrations saw detaining asylum seekers as a poor use of resources. These people must tell the government where they live and work and pay taxes while their cases go through the courts. Trump's team changed that, he said.
"If officers come into contact with somebody who entered the country unlawfully and then filed for asylum, they take the position that the person is here unlawfully and they can be detained," he said.
The asylum system was created to protect individuals fleeing prosecution. Devore said people are now afraid of being detained and deported before a judge hears their claim, so some are choosing not to pursue that relief.
Devore said Florida's use of local law-enforcement agencies for immigration enforcement has led to the arrest of hundreds of people without violent criminal offenses and whose crime was to enter the country illegally.
"Trump said 'We are going after the worst of the worst,' but they're going after anybody they can get their hands on," Devore said.
Valentina Palm covers immigration and West Palm Beach for The Palm Beach Post. Email her at [email protected] and follow her on X, the platform formerly known as Twitter, at @ValenPalmB.
This article originally appeared on Palm Beach Post: Lake Worth bakery owner detained by ICE despite asylum bid