While the governor has promised free legal representation to Villavicencio, representatives from both the Legal Aid Society and Make The Road NY say that support has not yet materialized.
Pablo Villavicencio was detained by ICE officials on June 1 while on a delivery to the Fort Hamilton garrison in Brooklyn after a background check revealed he had a warrant for his arrest on immigration law violations.
But "there was a different security guard", Villavicencio said, and an official began to question him - first asking for a driver's license, then a Social Security card, then calling police to ask about his background and discovering the old ICE warrant. "Further, his expedited removal will cause significant harm to his USA citizen wife and two young children who depend on Pablo for financial and emotional support".
He would have to get a waiver as people who have spent more than a year in the US illegally can't re-enter for a decade.
State Sen. Martin J. Golden commended the authorities who took Villavicencio into custody.More news: Air Force Captain Found 35 Years After Disappearing
Villavicencio, who is married and has two daughters who are USA citizens, agreed in 2010 to voluntarily depart the country after an immigration judge ordered him to depart the U.S.
A statement issued by Fort Hamilton last Friday said Villavicencio attempted to make a delivery about 11 a.m. but lacked identification required to enter.
"Please ICE, do the right thing with my husband", said his wife, Sandra Chica.
"I had one message for her: Anything we can do to help, we will do".
"My daughters need me", he added. An ICE spokeswoman said he was "illegally present" in the country after he had been granted voluntary departure by an immigration judge in March 2010. This time, however, they rejected it.
"As such, his voluntary departure order became a final order of removal", she said.More news: Three Saudi civilians killed by Houthi-launched missile in Jazan
"Does the Army now have some new policy that demands all non-military personnel show proof of citizenship to gain access onto the Army base?"
Sandra Chica said she has no other family in NY. "I'm listening", New York City Councilman Justin Brannan said.
NBC New York reported that the couple have two daughters.
Republican Rep. Dan Donovan, whose district includes the base, called criticism of the arrest "just more insanity".
"But this time, the guard - whom he identified as African American - asked him for a valid identification document, and since he didn't have one, the soldier called immigration to arrest him", Chica told El Diario.More news: Neal Boyd Dead - 'America's Got Talent' Winner Dies at 42