Sgt. Mitch Jones of the Jasper Police Department said Martin Hernandez Castillo, 29, was arrested Saturday night when his immigration status could not be determined during a routine traffic stop.
Jones said he stopped Castillo's vehicle at 10:15 p.m. Saturday because he witnessed a small child standing up in the vehicle.
"There was a toddler just standing up in the vehicle," Jones said. "It was a child restraint violation."
Castillo was upfront about his immigration status during the traffic stop, Jones said.
"He told me he had no identification and that he was here illegally," Jones said. "Under this new law, I had to check his status."
Jones said the U.S. Department of Homeland Security could not determine Castillo's status, which was the reason for his arrest. U.S. Immigration and Customs Enforcement has issued a detainer for Castillo and he will be handed over to ICE agents once he has gone through the local court system.
Jones said Castillo's wife, whose name was not available as of press time, was also arrested for warrants with another municipality. He added she is a legal resident of Alabama.
The couple's child was released into the custody of a relative.