Trump policy shift drives ICE detentions in Pittsburgh
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A shift in Trump-era immigration policy is reverberating through Pittsburgh, underscored by the stories of two local immigrants who were recently detained by ICE while awaiting asylum rulings.
Why it matters: The cases of José Flores in Oakmont and Maklim Gomez Escalante in Brentwood — both asylum seekers with valid work permits and no criminal records — rattled the region and raised questions about what it means to immigrate "the right way" in Trump 2.0.
Catch up quick: Flores, a Nicaraguan immigrant, was released from ICE custody on Saturday, his attorney Peter Rogers told Axios — more than a week after his detention sparked public outcry. It drew the attention of Democratic U.S. Rep. Chris Deluzio, Republican U.S. Sen. Dave McCormick, and his employers at Oakmont Bakery, who worked to reunite him with his family.
- Gomez Escalante, an asylum seeker from El Salvador, was detained in mid-January, TribLive reported. He is currently being held at Moshannon Valley Processing Center in Clearfield County, per federal records.
The big picture: People with pending asylum claims under humanitarian parole, like Flores, are permitted in the U.S. while they await a decision, Pittsburgh immigration attorney Joseph Murphy tells Axios. But authorities still have the power to detain them during that process — even though that's not how such cases have typically played out in the U.S., he says.
- "Historically, we've let asylum seekers — especially those who entered legally at the border — wait free in the United States, let them get work permits, Social Security cards, and driver's licenses just like (Flores) did," Murphy says.
- That policy was partly influenced by the cost of feeding, clothing and housing detained asylum seekers, he adds.
DHS, in a Feb. 5 statement to Axios, confirmed that ICE arrested Flores on Jan. 29 in Oakmont and took aim at the Biden administration for approving his entry into the U.S.
- "He was previously arrested by Border Patrol on Oct. 30, 2022, after he illegally entered the United States and was released into the U.S. by the Biden administration," DHS said. "Employment authorization does NOT confer any type of legal status in the United States."
Context: Those seeking asylum must first be physically present in the United States.
Flashback: State Rep. Joe McAndrew (D–Penn Hills) told Axios last week that Flores was following the rules, had no pending criminal charges, and was immigrating "the right way."
- Flores' lawyer said in an earlier statement that DHS has "reinterpreted" immigration law to detain "as many people as possible."
What they're saying: Oakmont Bakery owner Marc Serrao said in a statement sent to Axios that he's thankful to the lawmakers and lawyers who helped coordinate Flores' release.
- "We believe it was unequivocally the right decision," said Serrao.
- A spokesperson for McCormick said he had been closely monitoring Flores' case and actively engaged with DHS. McCormick said Flores was released under monitoring as his immigration case proceeds.
An attorney for Gomez Escalante has not been publicly identified. ICE did not respond to request for comment on Gomez Escalante's status.
Zoom out: Immigration is a defining focus of President Trump's second term, with hardline policies aimed at curbing migration to the U.S.–Mexico border and reversals of what his administration called Biden-era leniency.
- ICE arrests have risen sharply since the start of Trump's second term as the administration zeroes in on mass deportations, Axios' Brittany Gibson reports, driven by the agency's decision to target people without criminal convictions or charges who were largely spared under Biden.
- The policies have led to a bevy of legal challenges.
- This comes as ICE moves to rapidly expand detention capacity nationwide.
By the numbers: Over a third of ICE arrests in the Trump administration's first nine months involved people with no criminal history, per Deportation Data Project data reported by NBC News.
- More than 800 immigrants were detained in Pittsburgh's ICE holding cells last year, an eightfold increase compared to the year before. Only about 20% had a criminal record, per the Post-Gazette.
The bottom line: Murphy says securing an asylum hearing for people in ICE custody can take months — and those cases are often further complicated by their detention.
- Meanwhile, DHS policies restrict bond access for people who were previously eligible, he says.
- This means limited access to lawyers and less ability to prepare the case, Murphy says.
What's next: Deluzio, who sent a letter last week to Acting ICE Director Todd Lyons seeking answers about Flores' detention, said he's still awaiting answers.