An Indian-origin man in Arkansas, Kapil Raghu, is currently embroiled in a legal battle to restore his U.S. visa after a wrongful arrest stemming from a case of mistaken identity. The incident occurred in May when Raghu was pulled over for a minor traffic violation in Benton, a suburb of Little Rock. During the stop, police officers discovered a small bottle labeled "Opium" in his car. Despite Raghu's insistence that it was merely a designer perfume, officers, according to bodycam footage, accused him of possessing an illegal substance and arrested him on suspicion of drug possession.
Raghu, who is married to an American citizen, Ashley Mays, and was in the process of applying for permanent residency, was making a food delivery at the time of the incident. He maintained that he was complying with all regulations and was confused by the arrest. "I was not doing anything wrong when he pulled me over. I was following all regulations," Raghu stated.
The Arkansas State Crime Lab later confirmed that the substance in the bottle was indeed perfume and not opium. Despite this, Raghu spent three days in the Saline County Jail. Authorities then flagged an issue with his immigration paperwork, claiming his visa had expired, which his attorney, Mike Laux, described as an "administrative error". Raghu was subsequently transferred to a federal immigration facility in Louisiana, where he was detained for 30 days by ICE.
Although the narcotics charge was dropped by a district court on May 20, Raghu's visa had been revoked during his detention, significantly impacting his legal status in the U.S. Laux explained that Raghu now has a "deportation" status, meaning he can be immediately deported for any minor offense. More crucially, this classification bars him from working and earning money for his family.
The situation has placed immense pressure on Raghu's family. His wife, Ashley Mays, is now working three jobs to support their household and cover mounting legal bills. The savings they had accumulated for a house are now being used to fund the legal battle. Raghu has sent a letter to ICE's legal office, requesting proper legal channels to resolve his immigration status.
The Indian Consulate was not informed about Raghu's detention, a possible violation of the Vienna Convention. His attorney is working to get his visa reinstated, emphasizing the hardship the situation has caused. "Though released, Kapil now has a deportation status. He can be deported for even a minor offense, like jaywalking,” Laux told The Guardian.