Gurmukh Singh, a 46-year-old taxi driver from Punjab who sneaked into the US without a visa through the border with Mexico in 1998, was taken into custody yesterday after failing to get a stay in his deportation case, amid a clampdown by the Trump administration against undocumented immigrants.
A father of two who is married to a US citizen, Singh had applied for asylum in the US in 1999, citing religious persecution.
But the ICE says courts at all levels have upheld his removal order, leading to him being detained.
Singh told reporters he was "very nervous", according to the Orange County Register.
After Singh had applied for asylum, his case was moved to an immigration court. But his previous counsel did not notify him in advance of his court date in 1999 and did not prepare him, so Singh appeared at the hearing without supporting evidence or testimony.
Singh's wife, Balwinder Kaur, became a US citizen in 2010 and applied for him to become a legal permanent resident in 2012.
It was only then that he found out he had a deportation order on his record. US Immigration and Customs Enforcement had detained Singh in 2013 for five months based on the prior deportation order.
The the Orange County Register said immigrants rights groups and politicians had successfully advocated for his release, but two weeks ago a judge dismissed Singh's appeal to reopen his asylum case.
"I would be broke, the family separated and we're not supposed to be separated," Singh said of the prospects of detention and deportation.
"The look on his face told me there was nothing that could be done. He breaks down. He's crying. I've never seen him cry like that," she said.
It remains unclear where Singh will be detained and the timeline for any actions the ICE may take but various groups and local elected officials have vowed to scale efforts to demand Singh's release.
The ICE, a division of the Department of Homeland Security, said in a statement, "While criminal aliens and those who pose a threat to public safety will continue to be a focus, DHS will not exempt classes or categories of removable aliens from potential enforcement.
The ICE has discretion to grant a stay of removal, and immigration officials often did so under theObama administration, which ordered that non-criminal detainees were not the priority for deportation proceedings.
However, Monica Glicken, Singh's volunteer attorney through Asian Americans Advancing Justice - Orange County, said "that conversation did not go anywhere."
"They didn't even take us into an office. Two ICE agents on each side allowed him a moment and took him away," Glicken said.
Singh's future as well as that of his family's is uncertain. His daughter said she may have to find a job instead of pursuing her education to help make ends meet.
"Without him, we would not be able to pursue our dreams," she said.
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