A Brazilian father of twins with a rare genetic disorder was recently released from federal immigration detention after nearly three months in custody.
Wagner Gomes Do Nascimento, 30, was pulled over in West Boylston on May 14 by men in face shields, who he later discovered were U.S. Immigration and Customs Enforcement agents. One of the men asked for his driver’s license, and they detained him shortly after.
A Department of Homeland Security official told GBH News in an email that Gomes Do Nascimento had prior arrests on his record and agents detained him as part of “Operation Patriot,” the immigration enforcement operation in May that resulted in nearly 1,500 people being detained.
Gomes Do Nascimento was living in Clinton, Massachusetts, with an active immigration status called Deferred Action for Childhood Arrivals (DACA). The temporary protection allows people who were brought to the U.S. as undocumented children before June 15, 2007, to live and work in the country legally. Gomes Do Nascimento came to the U.S. as a 9-year-old with family who overstayed tourist visas. He first received DACA status when he was 18. DACA recipients must apply to renew their status ever two years.
He spent nearly three months in detention — first at a processing center in Burlington, Massachusetts, then ICE detention center in Plymouth County, before he was finally transferred to Brownsville, Texas.
“It was my first time being in jail. They transferred me very far away from home — the fear that I was so far away from home, the next step was definitely sending me back to Brazil. It was very scary,” Gomes Do Nascimento said in a phone interview.
He was initially denied bond and appealed. A different judge put a stop to any potential deportation.
A DHS official in an email said that Gomes Do Nascimento had “arrests for assault and battery on a household member and operating a vehicle without a license.” The unnamed official said “illegal aliens who claim to be recipients of DACA are not automatically protected from deportations. DACA does not confer any form of legal status in this country.”
Gomes Do Nascimento said there was an incident when he and his current wife had a previous marital issue, but ended up dealing with it privately. He shares joint custody of their twin daughters with his former partner. The girls who have Coffin-Lowry syndrome, a rare genetic disorder that causes cognitive and physical disabilities. Gomes Do Nascimiento said he works installing kitchen cabinets to pay for his daughters’ medical bills and treatments.
An immigration judge released him last week on bond to help care for the twin 12-year-olds.
“It was very tough being separated from them knowing that they’re going through all of this,” he said.
His attorney said the girls’ mother wrote a letter in support of his release. His wife,the girls’ therapist and Gomes Do Nascimento’s sister attended his video conference hearing.
The girls, Giselle and Chloe, were born premature at 26 weeks and spent four months in the neonatal intensive care unit. They still have weekly medical appointments to manage their health issues, some of which require driving roughly 50 miles to Boston Children’s Hospital. Both have heart disease and strict medication regimens. Their homes are padded to protect them in case of falls.
“It’s a lot, you know? They have a lot medical issues, which were only making it harder by having me detained, because everything their mom would have to do,” he said. “It was a very hard few months for all of us.”
Chloe uses a wheelchair most of the time and has a significant cognitive disability, which Gomes Do Nascimento said meant she wasn’t fully aware of the situation.
“But my other daughter, Giselle — the symptoms aren’t as bad on her. So she was aware of what was going on, she would cry a lot, have lots of nightmares,” he said.
Gomes Do Nascimento’s attorney, Eloa Celedon, said the judge was sympathetic.
“Wagner’s girls needed him here, and he was their anchor, protector, and most of all, their Daddy. We were thrilled that Wagner won his case,” she said.
The Department of Homeland Security official confirmed to GBH News that an immigration judge “ended” Gomes Do Nascimento’s case. Still, Gomes Do Nascimento said he fears deportation.
“There’s still that fear of just getting picked up again for no reason,” he said. “I never thought anybody was after me.”
