CHELMSFORD, Mass. (AP) — A Massachusetts high school student who was arrested by immigration agents on his way to volleyball practice has been released from custody after a judge granted him bond Thursday.
Marcelo Gomes da Silva, 18, who came to the U.S. from Brazil at age 7, was detained by U.S. Immigration and Customs Enforcement agents Saturday. Authorities have said the agents were looking for the Milford High School teenager's father, who owns the car Gomes da Silva was driving at the time and had parked in a friend's driveway.
“It shouldn’t have happened in the first place. This is all a waste,” his lawyer, Robin Nice, told reporters after a hearing in Chelmsford. Gomes da Silva appeared at the hearing via video from elsewhere in Massachusetts before being released on $2,000 bond.
“We disrupted a kid’s life. We just disrupted a community's life,” Nice said. "These kids should be celebrating graduation and prom, I assume? They should be doing kid stuff, and it is a travesty and a waste of our judicial process to have to go through this.”
She said Gomes da Silva slept on the cement floor of a room holding 25 to 35 men, many twice his age, most of the time he was detained, with no windows, no time outside and no permission to shower. He was able to brush his teeth twice. Nice said that at one point Gomes da Silva asked for a Bible and was denied.
He went to the hospital Wednesday because he had concerns about a concussion he received before he was detained and was suffering from a bad cold, Nice said.
"He’s looking forward to eating Snickers and chicken nuggets when he is released," she said.
Not ICE's target, but detained anyway
U.S. Department of Homeland Security spokesperson Tricia McLaughlin said earlier this week that ICE officers were targeting a “known public safety threat” and that Gomes da Silva’s father “has a habit of reckless driving at speeds in excess of 100 miles per hour through residential areas.”
“While ICE officers never intended to apprehend Gomes da Silva, he was found to be in the United States illegally and subject to removal proceedings, so officers made the arrest,” she said in a statement.
Acting ICE Director Todd Lyons said Monday that “like any local law enforcement officer, if you encounter someone that has a warrant or … he’s here illegally, we will take action on it.”
Gomes da Silva initially entered the country on a visitor visa and was later issued a student visa that has since lapsed, Nice said. She described him as deeply rooted in his community and a dedicated member of both the school marching band and a band at his church.
The immigration judge set a placeholder hearing date for a couple of weeks from Thursday, but it might take place months from that, Nice said.
“We’re optimistic that he’ll have a future in the United States,” she said.
A federal judge considering Gomes da Silva’s request to be released while his immigration case proceeds has given the government until June 16 to respond and ordered that Gomes da Silva not be moved out of Massachusetts without 48 hours’ notice given to the court. The government sought permission Wednesday to move Gomes da Silva to a detention facility in a different New England state, Nice said. A judge quickly denied the request.
A shaken community
“I love my son. We need Marcelo back home. It’s no family without him,” João Paulo Gomes Pereira said in a video released Wednesday. “We love America. Please, bring my son back.”
The video showed the family in the teen’s bedroom. Gomes da Silva's sister describes watching movies with her brother and enjoying food he cooks for her: “I miss everything about him.”
Students at Milford High staged a walkout Monday to protest his detainment. Other supporters wore white and packed the stands of the high school gymnasium Tuesday night, when the volleyball team dedicated a match to their missing teammate.
Hanna Ghannan, who graduated from the school the day after Gomes de Silva was detained, was among those cheering outside the courthouse as the news came that her classmate would be let out on bond.
“I’m just happy that everyone’s coming to together as a community because there is a lot of hate — and I mean a lot of hate," she said.
Amani Jack, also a recent Milford High graduate, said her classmate’s absence loomed large over the graduation ceremony, where he was supposed to play in the band. She said if she had a chance to speak with the president, she’d ask him to ‘just put yourself in our shoes.’
“He did say he was going to deport criminals,” she said. “Marcelo is not a criminal. He’s a student. I really want him to take a step in our shoes, witnessing this. Try and understand how we feel. We’re just trying to graduate high school.”
Veronica Hernandez, a family advocate from Medford who said she works in a largely Hispanic community where ICE has had an active presence, said cases like Gomes da Silva’s show immigration enforcement is serious about taking “anybody” without legal status, not just those accused of crimes.
“I think seeing that something so simple as a child driving themselves and their friends to volleyball practice at risk struck a chord," she said.
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Associated Press reporter Kathy McCormack in Concord, New Hampshire, contributed to this story.
Leah Willingham, The Associated Press
