It appears politics, not immigration law, sparked the arrest of Jose Flores in Oakmont last week, the man’s lawyer suggested.

“Jose’s legal posture in the country is one that allows him to remain and work lawfully in the U.S. while his case is being adjudicated and, for the last 30 years, would not subject to him to detention, unless there was a criminal charge or something similar, which there is not,” Peter Rogers, Flores’ lawyer, said in a statement. “Furthermore, he would typically be an excellent candidate for release on bond in terms of how the law was applied over the past 30 years.”

Flores, 47, an immigrant from Nicaragua, was attempting to take his 8-year-old daughter to school on Jan. 29 when he was approached and subsequently arrested in the driveway of his Oakmont home by Immigration and Customs Enforcement (ICE) agents.

Flores has a hearing scheduled for 9 a.m. Feb. 19 in U.S. Immigration Court in Newark, N.J., before Judge Tamar Wilson, according to Executive Office for Immigration Review automated case information. The hearing will take place virtually because Flores is being held in a prison near Moundsville, W.Va.

His wife, Hariett Flores, also from Nicaragua, said they are in the legal asylum process and have five-year work permits. Both are employed.

A TribLive search of state and federal court databases showed no criminal record nor pending charges against Jose Flores.

Rogers’ statement said the federal Department of Homeland Security, over the past year, “reinterpreted” immigration law to detain “as many people as possible and make it as difficult as possible for them to be released.”

ICE did not respond to TribLive questions regarding how the agency determines who to take into custody.

“They do this because they know that, if they can keep people detained, many will give up fighting their cases and elect to be removed from the U.S.,” Rogers said. “In other words, they just keep moving the goalpost to make sure people stay detained.”

He called the effect of the new policy on families devastating.

Local support

Since Flores’ arrest, Oakmont council has denounced the arrest in a public statement, and is considering a policy declaring the borough will not cooperate with ICE operations. Riverview School District, where Flores’ daughter attends school, also is considering a policy outlining the actions to be taken by staff and teachers if any law enforcement agency comes to a district building inquiring about a specific student or staff member.

A Gofundme organized for the family has collected more than $95,000.

U.S. Rep. Chris Deluzio said his office has been in contact with Flores’ family and lawyer.

On Wednesday, Deluzio, a Democrat from Fox Chapel, released a letter he sent to ICE Acting Director Tom Lyons. In the letter, he asks for an explanation as to why Flores was detained and if he was detained pursuant to a warrant.

“I’m asking basic questions our government should have to answer when they take someone out of our community,” Deluzio told TribLive.

Deluzio said he hasn’t received any response to his inquiries.

He wrote a similar letter in August when a Beaver County ICE raid resulted in an arrest of 12 people.

“I got a response to that letter last week,” Deluzio said. “That was five-plus months ago.”

He called the lack of efficient communication unacceptable.

In the interim, Deluzio said his office is asking questions and communicating with DHS to assist the Flores family.