A 29-year-old Brazilian man is feeling relief after spending almost a month in a Texas detention center, despite having no criminal record.
In an immigration court hearing on Thursday, Lucas Dos Santos Amaral was granted release on bond. His family is now eagerly awaiting his arrival home to Marlborough, Massachusetts.
“I call it a miracle case,” said Eloa Celedon, his attorney. Celedon argued Dos Santos Amaral cannot be a flight risk due to his deep ties to Marlborough, including a pregnant wife, their 3-year-old daughter, a painting business, and an active career playing music at churches. Dos Santos Amaral had over 50 letters of support to present to the judge.
“You kind of have to throw all the eggs at the basket at this point,” said Celedon. “And pray that the judge will change his mind, because throughout the hearing, up until the very last minute — my heart was, you know, very tight. It was a feeling of 'Oh God, I can’t believe this is happening. Is he going to deny bond?’”
The remote hearing in El Paso was rescheduled several times before finally being held Thursday. Judge Stuart Alcorn granted release on an $8,000 bond, after Celedon argued for $1,500, a more standard amount.
Next, the judge will grant an order, and the family will need to fill out bond materials and send payment. The family’s GoFundMe has $7,970 raised so far.
Celedon anticipates Dos Santos Amaral will be released by Monday.
'It was 100% racial profiling’
Lucas Dos Santos Amaral was pulled over by three Immigration and Customs Enforcement agents in January when they mistook him for someone else, GBH News first reported in January. After the agents ran a background check, they discovered he had an expired visa — a civil offense, not a criminal one. Still, ICE took him into custody.
“Lucas was definitely a victim of a collateral arrest and also a warrantless search and all the above,” said Celedon. “It was 100% racial profiling. That’s the trick right? They’re like, 'He looks brown. He must be an immigrant. So let’s stop him.’”
The arrest launched what his family has called “a nightmare.” His wife, Suyanne Boechat Amaral, recalled one shocking moment when Dos Santos Amaral was taken in the middle of the night from Plymouth County to a detention center in Karnes City, Texas. He was unable to contact his lawyer or family before the sudden flight.
Dos Santos Amaral was subsequently sent to the detention center in Pearsall, Texas. The two crowded Texas detention centers are run by GEO Group, a company that has multiple lawsuits and complaints lodged against it for the treatment of detainees in its care.
His wife, Suyanne Boechat Amaral, has described nausea and anxiety in calls leading up to the hearing. Several months pregnant, she has been the sole breadwinner for her daughter.
President Donald Trump has sent mixed messages of who he intends to deport, with ICE last month stating plans to focus on the “worst first,” or people with significant violent criminal offenses. But during Trump’s campaign, he promised to deport people who are here legally under parole programs or various statuses — and those that don’t have papers.
Dos Santos Amaral will still have to go to immigration court hearings about his case, and has filed a separate lawsuit against the Plymouth County sheriff’s office.
Massachusetts state Sen. Jamie Eldridge, who represents Marlborough and wrote a letter on Dos Santos Amaral’s behalf, said he was “so relieved” to learn about his release. Eldridge had spent time with Boechat Amaral and her daughter earlier in the day at Celedon’s office. “I was hearing how nervous she was, how her 3-year-old daughter kept on asking, you know, 'Where’s daddy? When am I going to see daddy next?’”
Eldridge said that while this is a happy moment, he anticipates more immigrants being pulled over in similar circumstances.