The 59-year-old street vendor, known for selling ice pops, spicy snacks, and laughter from his pushcart through neighborhoods like Nestor and National City, spent his final weekend in the U.S. doing what he’d always done best - spreading joy. Instead of selling his remaining paletas, he gave them away to local kids and families as a heartfelt thank-you and farewell to the community that had become his extended family.
“I fought court after court,” Duarte said in Spanish in a viral farewell video shared in late September, which has now been viewed more than 2.3 million times. “We were holding on to the hope that everything would turn out fine. It didn’t.”
Duarte and his wife, Rosenda Pérez, turned themselves in to federal immigration officials on October 23 after losing their final deportation appeal. The couple had spent over eight years fighting to remain in the country following their 2017 detention by Border Patrol agents outside their National City home - a case that drew national attention. Though Duarte was initially accused of human smuggling, he was never charged with that crime.
Federal officials later confirmed Duarte had a prior conviction for illegal entry. After years of hearings, legal fees estimated at more than $100,000, and mounting stress on their family, the couple made the painful decision to end their appeals.
“For my health, for my children’s, for my wife’s, we’ve decided it would be better to part ways from this beautiful country that gave us so much,” Duarte said. “I’m leaving happy, because of what I’ve planted.”
That “planting” - decades of hard work, kindness, and community - is what neighbors and friends remember most. For years, the cheerful ring of Duarte’s bell signaled not just ice cream, but connection. He greeted everyone by name, asked after families, and helped others get their start in the paletero trade, offering both mentorship and extra popsicles to sell.
“He’s very friendly,” said longtime customer Silvia Tapia, who bought from Duarte for eight years. “He always asks how we’re all doing. He knows my family.”
Another vendor, Javier Romero, remembered Duarte stopping him on the street years ago to gift him popsicles and wish him luck. “He told me to do my best and said he was happy to see me get started,” Romero said. “I’ll never forget what he did for me that day.”
Duarte first arrived in San Diego in search of a better life, spending his first nights sleeping in Chicano Park before finding work as a street vendor. Soon after, he met Rosenda, who also sold paletas, and together they built a life - and a family - in the United States.
The couple raised four children, all U.S. citizens. Two of them attended Stanford University, while daughter Aracely Duarte, currently on leave from Harvey Mudd College, launched a GoFundMe campaign to help her parents resettle in Mexico.
“On Monday, September 22, both my mom and dad were ordered their removal towards Mexico,” Aracely wrote. “Although this was not the decision we wanted, we can finally conclude this chapter in all our lives. This money will help my parents transition into their new life in Mexico, specifically Tijuana. Anything helps. Thank you and God bless.”
She also posted the now-viral TikTok video that introduced her father to millions of viewers, captioned:
“My dad asked me to make this video for his San Diego community due to the sheer amount of people that he came to know as a paletero. My mom, who is also being deported, will be giving her own goodbyes in-person. To anyone who ever bought ice cream from my dad, gave him words of encouragement or just said hello, to those who became his friends, his family, su gente y su pueblo, thank you. God bless.”
The outpouring of support has been overwhelming. In a follow-up post, Aracely wrote, “I can't even begin to comprehend the love, kind words, and offers of help - especially through TikTok and the community. God bless.”
On October 23, Duarte and Pérez loaded up their car outside their National City home, packing suitcases, cooking equipment, and even pool cues for the road ahead. Their beloved ice cream cart - a symbol of three decades of work and joy - stayed behind, to be brought later as a keepsake.
Friends and members of their church gathered to pray before the couple drove to the San Ysidro Port of Entry, where they were ultimately processed and escorted back to Mexico. After their first night in a Tijuana hotel, Duarte said he felt “calm, happy, and, above all, free.”
He and Rosenda plan to rent a house in Tijuana so that their children can visit easily, and he hopes to open a small restaurant and reconnect with family in Sonora, his home state.
“It was 30 fruitful years,” he said. “I made the most of every day and every minute.”
