Why did Massachusetts teen held by ICE let his student visa expire? Immigration attorney says it may have been fear.
The Milford, Massachusetts teenager detained by ICE agents last weekend will have the first hearing in his immigration case Thursday afternoon.
ICE said 18-year-old Marcelo Gomes has been in the country illegally since his student visa expired.
That's raised the question - why didn't he just renew it?
"Fear being detained"
Immigration attorney Kailin Wu said the renewal process can be daunting for immigrants, with many afraid they'll be detained by the government.
"They're being much more proactive about if you show up and you do not have proper status and you are subject to mandatory detention, they will call ICE on you," Wu said.
"I think that's also sparking a lot of fear in people. When you do get that interview notice, some people are just choosing not to show up for it because they fear being detained."
Wu said anyone's who's had a visa and allowed it to expire could have difficulty renewing it.
"(As soon as) you start accruing unlawful presence, you run into a lot of challenges, such as possibly triggering the 3 or the 10 year bar, depending on how long you've been out of status, how much unlawful presence you have," Wu said.
He advises that anyone nearing the end of a visa seek out an immigration attorney to help them navigate the process.
Robin Nice is Gomes's attorney. When WBZ-TV asked her, via email, if Gomes ever made an effort to renew his visa, she replied, "I honestly do not know."
Milford rally for Marcelo Gomes
As Gomes remains in ICE custody, the town of Milford continue to show support for him. Many argue that the teen, known for his positive energy and dedication, does not deserve to be detained.
Hundreds of students gathered outside of Stacey Middle School Wednesday afternoon and chanted "Free Marcelo." Some of his closest friends are speaking out about the type of person he is.
"Every single day at school, at volleyball, wherever he went - he had a smile on his face and was always looking to uplift others," said Ava Merill, a friend of Gomes.
His best friend and neighbor, Tyler Neuman, described Gomes as someone who pushed himself academically and socially.
"He started taking APs, he started getting more and more involved," Neuman said. "I just watched him progress and progress. Not only become a better athlete, but a better drummer, a better friend, and a better student."
