When Spouse’s Freedom Depends on ICE Agent’s Discretion

From Rewire:

“¿Cómo estás, mi amor?” This is how Berenilsse Marcial greets her son Louis after picking him up from his after-school program the evening of January 23. She has been going out of her way to seem chipper in front of the second grader, who has been having trouble concentrating at school and won’t sleep alone anymore. Marcial doesn’t have the words to explain why his step-father has been absent for nearly a month because he is being held in Immigration and Customs Enforcement (ICE) custody, or that their family’s fate rests in the hands of two immigration officials they’ve never even seen before.

On January 4, ICE agents detained Marcial’s husband, Hector Baca Gutierrez, in New York at a scheduled appointment. Back in November, Baca Gutierrez received a letter from Thomas Decker, the field office director of the District of New York’s Enforcement and Removal Operations (ERO) for ICE, telling him to appear on the tenth floor of 26 Federal Plaza on December 13 to meet with “Officer Almodovar.” The reason for the appointment simply said “interview.”

“We knew it couldn’t be good,” said Neal Datta, Baca Gutierrez’s attorney. “The ninth floor of 26 Federal Plaza is where you go to report [to ICE]; the tenth floor is where you go and don’t come back out. Read more….

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