Cuomo has assured Pablo Villavicencio's wife, Sandra Chica, that he will have legal counsel.
Lawyers from the Legal Aid Society of NY filed a petition with the NY field office of ICE on Friday to have him released on humanitarian reasons as he is the primary provider for his wife and two children, all of whom are USA citizens.
The person, later identified as Villavicencio, was sent to get a daily pass and signed a waiver submitting to a background check, something standard for all visitors.
New York Sen. Kirsten Gillibrand called the incident "shameful", and said the Trump administration's immigration policies are "inhumane, plain and simple" and do "not make our country safer". "I did not commit a crime", he said in Spanish. He is a father who is working for his daughters. "Every day our daughters will ask me why their father is not coming home".
"The circumstances of this case, including the arrest and detention of Mr. Villavicencio and the remarkable speed with which it appears he is being removed, reflects a pattern of conduct which I have previously raised with ICE as unconscionable and seemingly targeted directly at NY residents", Cuomo said in the letter.
UPDATE: Reached for comment, Richard Azzopardi, a spokesperson for Governor Cuomo's office, tells Gothamist, "We are in contact with Pablo's family and have offered legal and other supportive services free of charge". Now, I'm going to be by myself, along with two kids.More news: Trump and Kim meet after months of threats and insults
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Redmond Haskins, a spokesman for The Legal Aid Society, a not-for-profit organization that provides free services to clients who can not afford them, said Villavicencio has no criminal record. He got married to Sandra Chica, a USA citizen, eight years ago and had filed an application for citizenship.
The couple's two daughters, ages four and three, also are American citizens.
Brooklyn borough president Eric Adams echoed that sentiment. Both politicians said they were seeking answers from Fort Hamilton. City Council member Justin Brannan asked the cameras.
The stay is valid until July 20. As such, his voluntary departure order became a final order of removal and is an ICE fugitive.
Chica said this was not the first time Villavicencio delivered pizza at the base. "And we need communities to come together to see that Pablo is one of many, and force them to stop tearing families apart". "They don't care about the impact this will have on us".
Instead, he got married and started a family in NY - where local laws somewhat shield undocumented immigrants from federal authorities, even as President Donald Trump's administration detains thousands of people it accuses of entering the United States illegally.