Judge orders Milford High student detained by ICE cannot be transferred from Mass. for 72 hours
A federal judge has issued an emergency order blocking the Milford High School student detained by ICE from being transferred out of Massachusetts for 72 hours.
District of Massachusetts Judge Richard G. Stearns' ruling filed Sunday followed a writ of habeas corpus petition in which the teen's lawyers challenged the constitutionality of the detention, court records obtained by Boston 25 News show.
Marcelo Gomes Da Silva, 18, was detained after he was stopped while driving his father's vehicle in Milford on May 30, ICE officials said Monday.
The Department of Homeland Security said Monday officers were looking for Marcelo's father, Joao Paulo Gomes-Pereira, a Brazilian national, in Milford on May 30, officials said.
'Officers identified the target's vehicle, and initiated a vehicle stop with the intention of apprehending Joao Paulo Gomes-Pereira,' an ICE spokesperson said. 'Upon conducting the vehicle stop, officers arrested Marcelo Gomes-DaSilva, an illegally present, 18-year-old Brazilian alien and the son of the intended target. Gomes-DaSilva was found to be in the United States illegally and subject to removal proceedings, so officers made the arrest.'
His lawyer, Robin Nice, tells Boston 25 News that the 18-year-old is still being detained in Burlington.
The teen was carpooling to volleyball practice with his teammates when federal agents pulled over the family vehicle and took him into custody, friends and family said.
The detainment of Gomes-DaSilva sparked a large protest at Milford Town Hall on Sunday, and his classmates walked out of class on Monday afternoon in support of him.
Lyons addressed the Milford operation during a news conference in Boston on Monday morning.
'We were looking for his father. Obviously, he isn't the father of the year because he brought his son up here illegally as well... They made a traffic stop on that vehicle, which was the father's vehicle. (Marcelo) was driving that vehicle,' Lyons said.
'But like any local law enforcement officer, if you encounter someone that has a warrant or is here illegally, we will take action on that,' Lyons said. 'We are doing the job that ICE should have been doing all along, in that we enforce all immigration laws.'
When asked by a reporter about what danger the high school student poses to the community, Lyons said, 'I'll put it back on you.'
'What about an 18-year-old who is just stopped for a traffic violation by Mass. State Police who's wanted for being a habitual traffic offender on his way to graduation?' Lyons said. 'Would you be asking that same question to the Mass State Police for not arresting him?'
'I didn't say he was dangerous,' Lyons said of Marcelo Gomes-DaSilva. 'I said he's in this country illegally, and we're not going to walk away from anybody.'
When asked whether Marcelo will be afforded due process, Lyons said, 'Everyone gets due process, and that is what the U.S. Attorney's Office is for, that is what immigration courts are for. They all do that.'
Lyons said the teen will face an immigration judge and have the opportunity to post bond.
'But again, I'm just going to ask you a question. Boston Police stopped an 18-year-old on the way to high school. Are we having this conversation right now? It happens every day,' Lyons said. 'Every day, there are multiple 18-year-olds arrested. But yet, we are focused on this one.'
'And I will say, his Dad hasn't turned himself in yet and his Dad knows he's the target' of the operation, Lyons added.
Lyons' comments on Gomes came after federal officials announced that hundreds of people living in Bay State neighborhoods illegally, including several with 'significant' criminal histories, were among nearly 1,500 people arrested in Massachusetts.
Meanwhile, over at Milford High School, students staged a walkout during free period over Marcelo's detainment.
A sea of students, including Gomes' girlfriend, were heard chanting, 'Free Marcelo!'
Classmates of Gomes say he was in the band and scheduled to perform at the high school's graduation ceremony. Now the community is rallying behind him.
State Rep. Jake Auchincloss took part in Sunday's protest. He says that the town of Milford doesn't condone the act of detaining a student.
'If you're here illegally and you break the law, you should be deported,' Auchincloss said. 'Milford does not agree that if you've been here since before kindergarten, you're an honor student, you're a member of the high school band, that you should be getting bullied by immigration authorities while you're carpooling with your friends.'
In a statement, Milford Public Schools Superintendent Kevin McIntyre said the district 'plays no part in immigration enforcement and supports all of our students and families, including those who are immigrants to the United States.'
'They are members of the community, students in our classrooms, athletes that compete representing Milford, musicians, artists, friends, and neighbors,' McIntyre added. 'We will do everything in our power to support our students and families during these difficult times.'
McIntyre also noted that a 'number of parents' in the town have been detained in recent weeks.
Yago Sampaio was with Marcelo when he was detained by ICE on Saturday morning. He says they were in a car, on their way to volleyball practice.
'It was honestly like a wake-up call for me,' Sampaio said. 'In that moment that there was no easy way of kind of getting out of this.'
Marcelo's friends say he was supposed to be playing the drums in the school band for the graduation ceremony.
One of Marcelo's friends says he's like a brother to him.
'We're very good friends with him, he's like a brother to me, and this is so disappointing that I have to see this happen for him to get out. He's a great human being and never did anything, so I don't understand why we're going through all of this, especially on a day like this, where we graduated.'
Elizabeth Grady, a Milford parent, calls the situation 'terrifying.'
'His parents are terrified, his classmates are terrified, his teammates are terrified, and students shouldn't be terrified going to volleyball practice; this is not the United States of America that we signed up for.'
It's not clear when Gomes will face a judge.
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