A routine Saturday morning trip to volleyball practice became a harrowing ordeal for Marcelo Gomes da Silva last year when he was detained by U.S. Immigration and Customs Enforcement (ICE). The 18-year-vintage, a Milford High School student who had lived in the United States since he was six years old, was apprehended after agents began following his car in Milton, Massachusetts, a town south of Boston.
Da Silva recounted the events, describing how he initially believed he was being playfully followed by friends. As he approached a teammate’s driveway, multiple vehicles surrounded him, and agents initiated a traffic stop. “I thought maybe I did something wrong, but I honestly had no clue,” Da Silva said. “I feel like that’s one of the reasons I was really, really calm, is because I knew I didn’t do anything wrong. I was driving really slow and really respectfully.” Agents questioned his origins, learning he was from Brazil and had a student visa that had since lapsed.
The arrest occurred amidst a broader immigration crackdown under the Trump administration, which officials stated was focused on targeting violent criminals. Yet, data analyzed by the Transactional Records Access Clearinghouse (TRAC) reveals that approximately three-quarters of those currently held in ICE detention have no criminal convictions. Da Silva’s detention, lasting six days, quickly became a focal point for advocates challenging the administration’s policies.
His lawyer, Robin Nice, filed a writ of habeas corpus, a constitutional mechanism requiring the Department of Homeland Security (DHS) to justify Da Silva’s detention. The writ emphasized Da Silva’s lack of a criminal record, his status as a high school student, and his intention to apply for asylum. Immigration lawyer Caitlyn Burgess noted a significant increase in the use of habeas corpus writs as a response to the administration’s policies, filing four to five such petitions daily. “There’s no accountability with this administration,” Burgess stated. “Due process is being completely eroded.”
Da Silva was transported to an ICE facility in Burlington, Massachusetts, where he was held with approximately 30 other detainees. He reported being denied a phone call to contact his parents or legal counsel. “I always thought I was [going to get out] because I knew I didn’t do anything wrong,” he said. “I prayed a lot and put my faith in God.”
News of Da Silva’s detention sparked a swift response from his school and community. Students marched to Milford Town Hall in their graduation robes, holding placards demanding his release. The outpouring of support caught the attention of ICE, which issued a statement clarifying that Da Silva was not the intended target of the operation. The agency stated they were seeking his father, alleging a “habit of reckless driving.”
On June 5, 2025, an immigration judge granted Da Silva’s release on a $2,000 bond. Nice indicated it was unlikely he would be re-detained while his case was pending. However, the legal battle is far from over, with Da Silva’s application for asylum still being processed. A Reuters investigation found that U.S. Judges had ruled more than 4,400 times since October that ICE had detained immigrants unlawfully, with some judges expressing frustration with the government’s disregard for court orders.
Da Silva, reflecting on his experience, expressed concern for those he met in detention, many of whom were employed workers. He received a small, handmade bracelet crafted from a foil emergency blanket from a fellow detainee, a gesture of solidarity before they were separated. He is now working with members of Congress to advocate for legislative changes to protect other migrants from similar experiences.
Despite being invited as a guest of Congressman Seth Moulton to the State of the Union address last month, Da Silva left before the speech concluded after DHS posted on X, formerly known as Twitter, that he was “an illegal alien who has no right to be in our nation.” His case remains unresolved.
