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Manhattan federal judge released on Tuesday night without Ecuadorian papers arrested almost two months ago by immigration services in a The military base of New York where he had gone deliver a pizza .
The magistrate considered that the measures prior to the arrest, taken by Pablo Villavicencio to obtain his regularization with the support of his wife, who is a citizen of the States United States, must be completed they justify their release.
Arrested on 1 June in the base of Fort Hamilton at the southern end of Brooklyn where he had already made several deliveries before, the 35-year-old citizen of Ecuador was detained for 54 days, awaiting a decision on his possible deportation .
At a hearing on Tuesday, Judge Paul Crotty openly questioned the reasons for the expulsion of a man who had started the procedure to obtain a residence permit currently in the study.
"Does the concept of justice exist here or do we do it because we want it?" Asked the magistrate. "Where are the damage to the country?", He added.
In the release order, Crotty stated that "although he remained in the United States illegally" and that he is currently subject to an eviction order, " he was a model citizen ".
"Now he has two children, both are citizens of United States . He has no criminal record paid his taxes and has worked diligently to maintain his family, "he added.
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Governor Andrew Cuomo has requested an investigation into the conduct of immigration officers who detained Pablo Villavicencio detained for a week, who expects to be deported
"The law, humanity and morality prevailed today. "Hui," said Adriene Holder, Villavicencio's lawyer and a member of a legal aid company.
For her, Tuesday's decision "constitutes the assertion that the courts can still exercise control over the executive when it takes precedence over laws and principles."
Encouraged by the tightening of the immigration policy of President Donald Trump the Immigration Services ( ICE ) have been increasing since the beginning of 2017 the pace of its inspections in companies and premises looking for people in an irregular situation.
Recently, they adopted a directive authorizing their agents to interrogate the undocumented in the very forum of the courts, until now considered as sanctuaries.
The New York Parliament will soon have a bill to prevent arrests in court.
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