Milford high school student granted bail by immigration court: 'The best possible outcome'
An immigration court judge has granted bail to Milford High School junior Marcelo Gomes da Silva.
Immigration Judge Jenny Beverly issued a $2,000 bond, which da Silva can post. U.S. Immigration and Customs Enforcement agents arrested him on Saturday, May 31, a day before his girlfriend graduated from Milford High School.
The immigration hearing occurred on Thursday, June 5, in Chelmsford at the Lowell Immigration Court.
Da Silva was taken away by ICE agents when he was stopped on his way to volleyball practice. Federal officials said they targeted da Silva's father, Joao Paulo Gomes-Pereira, who they claim is an undocumented immigrant from Brazil.
ICE said it didn't intend to take the 18-year-old da Silva, but when agents realized it was he, not his father, who was driving the car, it had to detain him because he was living in the U.S. without legal status.
Da Silva's lawyer Robin Nice said it’s “the best possible outcome,” because $2,000 is the lowest bond Beverly can set. But she noted that “ICE could have released him at any time on his own recognizance.”The Department of Homeland Security did not claim he was a “danger to the public” but did say he “is a flight risk.”
Nice responded, "Hopefully today,” when asked by reporters when da Silva will be released. She expects he’ll have an ankle bracelet, per the current Department of Homeland Security's standard operating procedures. He is being held at Plymouth County Correctional Facility.
"This kid has been sleeping on the cement floor for the past five days — he's brushed his teeth twice," Nice said during a press conference held immediately after the hearing. She termed the conditions da Silva has had to endure "horrendous," adding that he has not gotten a chance to shower and has been held in a room with no window, with no yard time.
“It’s offensive to call arresting an 18-year-old kid with no criminal record a 'collateral arrest,'" Nice said. She previously had said da Silva came to the United States with his family when he was 7 years old on a visitor visa. It then became a student visa that has since lapsed.
Nice said Thursday that her client looked forward to enjoying chicken nuggets and Snickers candy bars once he's released.
To demonstrate da Silva’s strong ties to the community, Nice noted he attends church twice a week and was eager to know whether his volleyball team was in the state tournament semifinals. But the Scarlet Hawks lost a Sweet 16 match on Tuesday to Taunton, 3-1 (24-26, 27-25, 25-15, 25-15).
What's next at the immigration court
A master planning hearing has been set for 9 a.m. on June 26, but Nice said that's merely a placeholder. She said da Silva will get on the regular calendar, but nothing will happen for months — or even a year — because immigration courts are so backed up.
"Two steps forward, but one step back," Nice said during the press conference.
Politicians react to the hearing outcome
Gov. Maura Healey, who has been calling for his release all week, issued a statement after the hearing.
“I’m relieved that Marcelo will be returning home to his parents, siblings, classmates and the Milford community," she said in the written statement. "This has been such a traumatic time for this community, and I hope that they find some solace in knowing that the rule of law and due process still prevail. Marcelo never should have been arrested or detained, and it certainly did not make us safer. It’s not OK that students across the state are fearful of going to school or sports practice, and that parents have to question whether their children will come home at the end of the day. In Massachusetts, we are going to keep speaking out for what’s right and supporting one another in our communities.”
Daily News multimedia journalist Tom Benoit contributed to this report.
This story will be updated.