DOVER, Del. - A developmentally disabled immigrant living in Delaware was taken into custody by U.S. Immigration and Customs Enforcement while his asylum case was pending, and Delaware Gov. Matt Meyer has asked the court for his immediate release, according to his office; his attorney said the detention occurred in Seaford in September.
Victor Acurio Suárez, 52, entered the United States in 2021 after fleeing gang violence in Ecuador and was granted humanitarian parole by the Department of Homeland Security at the border after officials found he had a reasonable fear that his life was in danger, according to his attorney, Kaley Miller-Schaeffer of Murphy Law Firm.
"He was pretty severely physically harmed," Miller-Schaeffer said.
Federal law requires asylum applications to be filed with U.S. Citizenship and Immigration Services (USCIS) within one year of entry, and Miller-Schaeffer said Acurio Suárez filed his application on Sept. 19, 2022.
While waiting for his asylum interview, Acurio Suárez was taken into ICE custody, Miller-Schaeffer said.
"It appears Victor was at a Lowe's parking lot. From ICE’s account, it appears he was trying to look for some sort of day laborer. He did odd jobs. He did have a work permit, but due to his disability, [he] couldn't hold a regular job. So he did sort of odd jobs here, there, and it appears that is why he was at the Lowe's parking lot, and he actually flagged down ICE officers in an attempt to see if they needed any help with jobs," Miller-Schaeffer said.
Miller-Schaeffer said the family learned of his detention after contacting the police.
"The family had actually called the police because Victor did not come home the night before, and the police are the ones that told the family he was in police custody," Miller-Schaeffer said.
Miller-Schaeffer said the asylum case is no longer pending with USCIS and is now before an immigration judge.
"USCIS, which had original jurisdiction of the asylum application because he was not in immigration court proceedings at that time, closed out that previously pending asylum application and referred it to court because he was now detained and a judge would now have jurisdiction," Miller-Schaeffer said.
Asylum applicants may remain in the United States while their cases are pending, Miller-Schaeffer said, though that status does not prevent removal if ordered by a judge.
"At that initial hearing on Oct. 1, I raised concerns with the court and requested a competency determination because I did not think that Victor was fit to stand trial due to his disability," Miller-Schaeffer said.
She said the court reset the case to allow time for additional documentation, and ICE later uploaded records that included a medical screening conducted during detention.
"To me appeared to be a general screening that they give all detainees," Miller-Schaeffer said. "Kind of yes, no… Do you think you're in good health? Have you ever been diagnosed with a learning disability?"
Miller-Schaeffer said Acurio Suárez answered "no" to all questions.
"To me, it appears that Victor likely did not understand what was being asked," she said. "So ICE, I guess it was a doctor, reviewed and in their report found Victor had no indica[tions] of mental incapacity."
Miller-Schaeffer said that finding was later cited by a judge in initially denying her request for competency safeguards.
"In the meantime, I am able to get my documents, which had a medical diagnosis of aphasia that he had received previously to his detention," she said.
At a later master calendar hearing, Miller-Schaeffer said the judge reconsidered the issue after reviewing medical records and speaking directly with Acurio Suárez.
"The judge noted our medical records and actually did a little colloquy with Victor himself, and the judge said it was apparent to him, just from attempting to communicate, that competency safeguards would be required. So the judge did reverse his finding, and he granted competency safeguards, which was the ability for Victor's brother, his primary caregiver, to testify on his behalf since Victor wouldn't be competent to testify," she said.
Miller-Schaeffer said an individual calendar hearing scheduled for Thursday was postponed at her request while she awaited the results of a more in-depth medical evaluation she had requested.
"It's very difficult to communicate with someone while they're not only detained, but also lacks communication skills," she said.
She said a doctor's final report from that evaluation diagnosed Acurio Suárez with autism.
"I think that supports the unique needs that Victor needs, and while I'm sure ICE is giving him meals, I know that they are, obviously, Victor has expressed he enjoys that he gets to play soccer, so I'm just concerned that his particular quirks that he has, and tendencies that he has... that ICE isn't able to meet those needs and provide him with the comfort that we would expect a vulnerable person to be provided with," Miller-Schaeffer said.
She said Acurio Suárez does not fully understand his detention or the immigration proceedings.
"I think that goes to show his mental state and his disability. The fact that he is in a detention facility, he's in a uniform, he's locked up behind bars, and his cognition is such that, because he doesn't understand, he thinks he's been sent away to some kind of camp or he thinks that he's just on a little trip and that he will be coming back," she said. "He does not understand the gravity of the situation or what's at risk or what could potentially happen if he does receive a removal order," she said.
Miller-Schaeffer said she requested that ICE release Acurio Suárez on parole, but the request was denied.
"They essentially cited the same thing that the basis of my request was predominantly because of his medical conditions, and they assured me that ICE was doing everything to make sure his needs were met. However, the family is obviously very distraught. This is a man who has been unable to live independently ever," she said.
CoastTV News asked ICE for details about the circumstances of Acurio Suárez's arrest and current detention, as well as how the agency is ensuring his well-being while in custody.
In a statement to CoastTV News, ICE did not comment on the arrest and responded to questions about detainee care by saying it is "firmly committed to the health, safety, and welfare of all detainees in custody. ICE's National Detention Standards and other ICE policies require all contracted facilities to provide comprehensive medical and mental health screenings from the moment an alien arrives at a facility and throughout their entire time in custody."
Delaware Gov. Matt Meyer first reacted to the detention in a social media post Wednesday night and said he wrote to the court requesting Acurio Suárez's immediate release.
"It is deeply disturbing. The actions of federal government officials and federal ICE officials are egregious. It's unnecessarily cruel and is fundamentally at odds with our values as a nation. This is an individual who had applied for asylum," Meyer told CoastTV News during a press conference on Thursday. "There is no reason why a penny of my tax money should be spent detaining or spending money prosecuting an individual like this."
Meyer added there is a petition in the works and that "once we have more information about it, we’re going to encourage people in the public to get involved."
Miller-Schaeffer said ICE could still release him before his next court date.
"If ICE changes their mind from now until that court date, they could issue his release on parole, let him return back home with his caregiver, and he would proceed with the asylum application and the court case from outside of detention," she said.
ICE's online detainee locator lists Acurio Suárez as being held at the Moshannon Valley Processing Center in Philipsburg, Pennsylvania.
Meyer said Acurio Suárez has no criminal history and relies on his family for daily care.
"Our immigration system must be guided by compassion, proportionality, and sound judgment-not by indiscriminate enforcement or for the sake of fulfilling quotas. Delaware will continue to speak out when federal actions cross the line from enforcement into cruelty, and I will continue to advocate for the dignity and safety of every Delaware resident," Meyer said.
According to his attorney, Acurio Suárez's next court hearing is scheduled for Jan. 16.