Scoop: Lee questions ICE over detained Brentwood man
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U.S. Rep. Summer Lee (D-Swissvale) said in a Wednesday letter to ICE that the agency "illegally detained" a Brentwood immigrant with health issues who, his family says, is authorized to remain in the U.S.
The big picture: The arrest of Maklim Gomez Escalante — an asylum seeker from El Salvador who lives with his family in Brentwood — is part of a Trump administration shift away from immigration policy that traditionally allowed asylum applicants to live and work in the U.S. while awaiting a decision.
Catch up quick: Gomez Escalante was detained by ICE in Baldwin on Jan. 20, DHS assistant secretary for public affairs Tricia McLaughlin confirmed to Axios on Tuesday.
- Rebecca Mackin, a friend who is helping Gomez Escalante's wife navigate his arrest, tells Axios that federal officials gave the family no explanation for his detention and haven't provided updates on his health after he was hospitalized last week for partial facial paralysis.
- He experienced cardiovascular problems at home in the months before his arrest, his wife, Natalia Garcia de Gomez, told Axios on Tuesday.
- Gomez Escalante told his family the officers discarded his work permit before arresting him.
McLaughlin told Axios he started showing signs of "stroke-like symptoms and a migraine" while in ICE detention. He was transferred to Mount Nittany Medical Center near State College on Feb. 2, cleared by doctors and returned to Moshannon Valley Processing Center on Feb. 4.
- She said DHS provides "comprehensive medical care" to those in detention, including 24-hour emergency care.
Driving the news: Lee sent a letter to ICE acting director Todd Lyons on Wednesday asking for answers about Gomez Escalante's medical care while in detention, why agents weren't in uniforms when they detained him and why they snapped his work permit in half after he presented it to them.
- "His family and our community deserve transparency and accountability, and we will not be silent while our neighbors are taken and held without justification," Lee told Axios in a statement.
What they're saying: "When individuals who have done everything asked of them are detained without clear explanation, it sends a chilling message to immigrant families across our region that due process is being eroded," Lee said in a statement.
- "This case reflects a broader pattern of enforcement that is terrorizing communities and placing lawful asylum seekers directly in harm's way."
The other side: In a statement sent to Axios, McLaughlin said Gomez Escalante was detained after he was "RELEASED into our country by the Biden administration" in 2021.
- "An application for asylum does not preclude immigration enforcement," McLaughlin said. "The law requires those in the country illegally claiming asylum to be detained pending removal. He will remain in ICE custody pending removal proceedings."
Flashback: DHS sent Axios a similar statement on Feb. 5 about José Flores, whose case sparked public outcry and bipartisan support from lawmakers, leading to his release Saturday as he awaits an asylum hearing.
Context: U.S. law allows arriving asylum seekers to remain in the country while their claims are pending, but the Trump administration says it can detain these individuals during that process — even if they have no past or pending criminal charges, per the American Immigration Council.
Zoom in: Gomez Escalante and Garcia de Gomez approached the asylum process legally, she said, receiving Social Security numbers, work permits and steady jobs.
- Documents shared with Axios show U.S. Border Patrol released Gomez Escalante after he arrived at a Texas port of entry.
- A review of state and federal databases shows he has no criminal record.
Between the lines: Mackin has reached out to multiple groups for pro bono legal help, but demand is high, she says. A fundraiser to help with legal fees has raised about half of its goal.
The bottom line: If Gomez Escalante were to be deported, Garcia de Gomez says they would leave as a family — even though both of their young children have been raised in the U.S.
- "I'm hoping the authorities will grant him the freedom to stay here with his children," she said.
What's next: Gomez Escalante's next immigration hearing is slated for late February.