The family of Johan Sebastián Durán Guerrero, a 25-year-old immigrant from Colombia who was fatally shot by an ICE agent in Biddeford, Maine, is seeking a special visa status designed for victims of certain crimes. Last week, Maine Attorney General Aaron M. Frey signed the required law enforcement certification, a key step in the family's application for a U visa, which is available to victims who have cooperated with law enforcement investigations.
Durán Guerrero was killed on July 13 during a traffic stop involving Immigration and Customs Enforcement officers. The Department of Homeland Security stated that the ICE agents were attempting to stop a vehicle tied to a different individual with a deportation order. When the driver—Durán Guerrero—did not comply, an agent discharged his weapon, reportedly out of concern for public safety.
The certification signed by the attorney general’s office identifies Durán Guerrero’s three-year-old daughter, Dulce, as the victim suffering from severe emotional distress following her father's death. The attorney general's office listed two criminal statutes under investigation in the case: murder and manslaughter. The certification notes that the child’s mother and Durán Guerrero’s partner, Martha Karolina Rojas Alvarez, has cooperated fully with law enforcement and continues to make herself available to assist the investigation.
Benjamin Gideon, the family’s attorney, praised the thoroughness of the attorney general’s office in reviewing the visa application criteria before approving certification. Frey’s personal involvement and swift signing of the document within days of the shooting were described by immigration experts as unusual and indicative of the case’s high profile and public attention in the community.
If approved, the U visa would offer the family legal protections, work authorization, and a pathway to permanent residency. The visa is available to victims of more than two dozen crime types, including murder and domestic violence, and requires cooperation with law enforcement. However, some law enforcement agencies have been criticized for delaying or refusing to issue such certifications, complicating the visa process for many applicants. Immigration experts pointed out that backlogs often extend the visa approval process to years or longer, although interim protections can be provided while applications are pending.
The family’s attorney has also called for criminal charges against the ICE agent involved and condemned the Trump administration for allowing the officer—David Brouillette, who has accused of violent and threatening behavior by former spouses—to serve in law enforcement. Questions remain about why ICE agents encountered Durán Guerrero during the traffic stop.
The U visa application is seen not only as a route to legal residency but also as a protective measure for the family, who have reportedly faced distress and instability in the aftermath of the shooting. The case has drawn comparisons to other recent incidents involving ICE shootings, including the fatal July 7 shooting of Lorenzo Salgado Araujo in Houston, where U visas were similarly granted to witnesses.
As investigations continue, Durán Guerrero’s family hopes the visa will help secure their safety and stability while authorities examine the circumstances surrounding the fatal encounter.