The detention of a Carnegie man by U.S. Immigration and Customs Enforcement has prompted a local congressman to demand answers about why he was arrested despite holding protective status and having no prior criminal record.
U.S. Rep. Chris Deluzio, D-Fox Chapel, posted on social media about the ICE arrest of 24-year-old Ecuadorian native Luis Gilberto Loja Mayancela, who was told Monday that he would be deported, leaving behind his wife and their baby.
“This kid was following a procedure that was designed to protect him and keep him here, and they just came in and turned the whole thing on its head,” said Joseph Murphy, Mayancela’s immigration attorney.
Mayancela entered the U.S. on Feb. 21, 2020, at age 17 to escape abuse he was experiencing in Ecuador. In September 2022, he applied for and was approved for Special Immigrant Juvenile status, Murphy said.
According to ICE’s website, SIJ is a classification for unmarried individuals under 21 who have been abused, abandoned or neglected by a parent and need juvenile court protection.
Murphy said the status provides a pathway to lawful permanent residency and protection from deportation. Mayancela also received valid work authorization and deferred action, a U.S. immigration policy that uses discretion to postpone the deportation of certain noncitizens for a temporary, renewable period.
When Mayancela was arrested in January, he had no prior criminal charges, aside from a minor traffic violation.
“I’m demanding answers to basic questions about the reason for Luis’ arrest, detention for more than three months, and why our government is seeking to remove him from the country,” Deluzio said in the post.
Deluzio’s office did not respond to immediate requests for comment.
Murphy said he did not know the exact date or location of the arrest and referred reporters to a friend of the family.
Mayancela is being held at Moshannon Valley Processing Center in Clearfield County, more than a two-hour drive from Carnegie. A friend and co-worker at the roofing company where he works is caring for his wife and baby.
The family friend could not be reached for immediate comment Wednesday.
Mayancela became eligible to apply for a green card in March, but Murphy said his arrest prevented him from doing so.
“The [SIJ] program still exists, and you can still put people into it. It’s just that it’s no longer a protection from deportation during that four-year wait,” Murphy said. “He followed the rules exactly as they said for four and a half years, and then one day they decided, well, we’re not doing it that way anymore.”
A Department of Homeland Security spokesman declined to provide immediate comment.
Murphy said he plans to file an appeal to keep Mayancela in the country.
“If he stays and gets his green card, that’s fine. That’ll cure his inadmissibility. He’ll be a permanent resident. But if he leaves, they’ll never let him back in here,” Murphy said.