A Brazilian father and his 15-year-old son were taken into custody by the U.S. Coast Guard during a fishing trip off the coast of Martha's Vineyard and subsequently handed over to Immigration and Customs Enforcement (ICE). The incident has sparked outrage in the local community and prompted legal action.
Rogerio da Silva Lima and his son, Nycolas de Al Varenga Lima, are currently being held at an immigration facility in Burlington, Massachusetts, according to the Boston Globe. The pair, originally from Brazil, have resided on Martha's Vineyard for several years.
A family friend, who requested anonymity, took them on their first offshore fishing expedition early Monday morning. The group ventured about one and a half miles from the historic fishing village of Menemsha. The friend told the Vineyard Gazette that the Coast Guard initially approached for a routine safety check, after which they resumed fishing.
The Coast Guard returned twice more, eventually requesting documentation from the father and son. On the third visit, they were detained. The friend described Nycolas as so nervous that he could not spell his name for the officials, and his feet were reportedly shackled.
The Coast Guard confirmed boarding a vessel near Martha's Vineyard on Monday but did not name those detained. In a statement to the Vineyard Gazette, the agency said, 'To avoid separating a father and his minor son, the Coast Guard coordinated with ICE to ensure both individuals could remain together during the transfer process. USCG Station Menemsha transported the individuals to Woods Hole, where they were transferred to ICE custody.'
The friend indicated that da Silva Lima was told by immigration officials that they planned to send him and his son to Texas ahead of deportation. ICE did not immediately respond to a request for comment.
Federal court records show that da Silva Lima is represented by Haven Immigration Law, which filed an emergency writ of habeas corpus on his behalf in federal court in Boston on Monday. The petition argues that his detention is unlawful and violates his constitutional rights.
On Tuesday, District Court Judge Indira Talwani ordered the government not to deport da Silva Lima until further notice. She also prohibited his transfer to any other location, including Texas, until the government responds to the habeas corpus petition. The Department of Justice has 72 hours to respond, explaining whether da Silva Lima poses a danger to the community if released. After that, his lawyers have an additional 72 hours to file a rebuttal.
Da Silva Lima's lawyer, Amelia Lynn Ritenour, did not immediately return a request for comment. Da Silva Lima works for local business owner Rory Moreis, who runs a construction company. His son, Nycolas, is a student at Martha's Vineyard Regional High School. The family has established strong ties in the community.
Alexis Moreis, Rory's daughter and a tribal council member with the Chappaquiddick Wampanoag Tribe, collaborated with the local chapter of LUCE, an immigrant rights group, and the school district to support the father and son. A private donor covered the fees for the habeas corpus petition that temporarily blocks their transfer to Texas.
'We have never seen the Coast Guard take this kind of measure,' Alexis Moreis told the Globe. 'There is clear profiling going on of who is actively practicing fishing.' She added that the community is 'offended and disgusted' by the incident.
The Martha's Vineyard chapter of LUCE has launched a GoFundMe campaign for da Silva Lima and Nycolas to raise funds for their legal defense. As of Wednesday morning, the fundraiser had collected nearly $12,000 toward an $18,000 goal.
