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How one Brazilian asylum seeker has been repeatedly transferred after being arrested in Portland

Marcos Gaspar Da Silva (right), 32, is a former attorney from Brazil who was taken by ICE with a co-worker in Portland on Jan. 20.
Courtesy photo
Marcos Gaspar Da Silva (right), 32, is a former attorney from Brazil who was taken by ICE with a co-worker in Portland on Jan. 20.

What happens after someone is detained by ICE? It's been one week since agents arrested Alessia Gaspar Da Silva's husband, Marcos, and a co-worker in Portland. She says Marcos has been transferred three times so far. And in a phone call Tuesday, he says he's being told he'll be moved again.

Alessia Gaspar Da Silva says she was on a video call with Marcos when federal agents pulled him over with another man on Jan. 20.

She says Marcos is an asylum seeker from Brazil who works as a general contractor in Maine. He had just picked up a man from Guatemala who doesn't speak English when they were stopped.

Da Silva says she heard and saw the agents, who did not identify themselves, ask Marcos to roll down the windows.

"And they said to him, 'We are only looking for a dangerous felon who has warrants out.' He said, 'Do you have any warrants?' And he said, 'No.' He's like, 'Does this guy speak English?' He said, 'No, but I can translate for him. He speaks Spanish,'" she says.

Marcos told the agents that his co-worker, Denny, didn't have any warrants either. Then they asked whether the men were in the U.S. legally. After Marcos explained that his asylum case was pending, Da Silva says agents took both men out of the vehicle and arrested them.

Alessia Gaspar DaSilva (left) and her husband, Marcos.
Courtesy photo
Alessia Gaspar Da Silva (left) and her husband, Marcos.

"He's like, 'Can I have my phone? Or can you just tell my wife where, where I'm located?' And I managed to get out 'I love you' ... and then the hand reached over that was the ICE agent and disconnected the video call," she says.

Since then, Da Silva says she and her husband's immigration attorney have been trying to track him through the Online Detainer Locator System. But he keeps being moved and sometimes his number disappears from the system.

What's also challenging, she says, is that Marcos often isn't told where he’s being moved and doesn't know where he is. Over the past week, Da Silva has figured out that he's been in detention facilities in Massachusetts, Louisiana and Arizona, where he tells her conditions are poor.

"He has no change of clothes. He's like, 'We don't have proper hygiene. Sometimes, some of us are carrying buckets of water to do the bathing that's necessary."

Da Silva says when her husband was arrested he only had a T-shirt so he's been cold at times. He also told her the food is so bad that he and others have thrown it up.

In a phone call from Arizona Tuesday, he said he was in a facility — he didn't know where — in which there were only 20 beds for 50 men and not enough toilets. She says he hasn't been able to speak to his attorney and calls to her are sporadic at best.

These conditions of detention, she says, are things the U.S. criticizes other countries for.

"We would be outraged if that happened to any of us in their country that was there for whatever reason. And now we've turned into that. We've turned into exactly what we've hated and called other people out on," she says.

Da Silva says Marcos is being told he can improve his situation right away if he agrees to be voluntarily deported, but she says he tells her he is strong enough to endure this and he is choosing to stay.