Maine Immigrants Moved Out of State After ICE Arrests

Lawyers say it has become harder to locate detainees arrested and flown out of New England since ICE's recent enforcement surge.

Feb. 5, 2026 at 5:31pm

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Lawyers and families in Maine say it has become even harder to locate detainees who have been arrested by immigration authorities and flown out of New England since ICE's recent enforcement surge in the state. The Department of Homeland Security has said the operation led to the arrest of more than 200 people. Attorneys for the agencies said in court records last year that people are sometimes sent to facilities in other states because there's not enough bed space in New England. Immigrant rights advocates and state leaders have questioned the capacity issue, after ICE decided to stop holding immigrants at the Cumberland County Jail in Portland, following Sheriff Kevin Joyce's criticism of the agency's arrest of a corrections officer who was authorized to work in the U.S.

Why it matters

This case highlights the challenges faced by immigrant families and lawyers in Maine as they struggle to locate and advocate for detainees who have been moved out of state by ICE. The transfers make it harder for families to stay in touch with their loved ones and for lawyers to effectively represent their clients. It also raises questions about the rationale behind these transfers and whether they are being used to make it more difficult for detainees to access due process and legal representation.

The details

Marcos Gaspar-Da Silva, a contractor originally from Brazil who was applying for a green card through his U.S. citizen wife, was arrested by ICE on January 20 and has since been held in five different correctional facilities across several states. His wife, Alessia Gaspar-Da Silva, said he was constantly disappearing from and reappearing in ICE's online detainee tracker, making it very difficult for her to locate and communicate with him. Attorneys and families in Maine say the recent ICE enforcement surge has led to more detainees being flown out of New England, with some being sent as far as Mississippi, Kentucky, Texas, and Louisiana.

  • On January 20, Marcos Gaspar-Da Silva was arrested by ICE.
  • On January 22, federal detainees were moved out of the Cumberland County Jail in Portland, Maine.
  • On January 23, a federal judge in Massachusetts ordered that ICE not move Marcos Gaspar-Da Silva out of state.

The players

Marcos Gaspar-Da Silva

A 45-year-old contractor originally from Brazil who was applying for a green card through his U.S. citizen wife when he was arrested by ICE.

Alessia Gaspar-Da Silva

The wife of Marcos Gaspar-Da Silva, a U.S. citizen who has been trying to locate and communicate with her husband since his arrest by ICE.

Immigrant Legal Advocacy Project (ILAP)

A non-profit organization in Maine that provides pro bono legal assistance to immigrants and has received over 70 referrals during ICE's recent enforcement operation.

Rep. Chellie Pingree

A U.S. Representative from Maine's 1st District who has asked the Department of Homeland Security for the whereabouts of the people arrested during ICE's recent operation in the state.

Sheriff Kevin Joyce

The sheriff of Cumberland County, Maine, who criticized ICE's arrest of a corrections officer authorized to work in the U.S., leading to ICE's decision to stop holding immigrants at the county jail.

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What they’re saying

“They're cutting him off from me. This is not due process. This is wearing people down. This is giving them doubts and trying to make them weaker, and playing a shell game with human lives.”

— Alessia Gaspar-Da Silva, Wife of Marcos Gaspar-Da Silva

“There appears to be no rhyme or reason to it.”

— Melissa Brennan, Co-legal Director, Immigrant Legal Advocacy Project

“We don't really know the rationale behind this. Sometimes we speculate that it's to make it impossible for families to locate them, or for judges to issue orders.”

— Rep. Chellie Pingree

What’s next

A federal judge in Massachusetts has ordered that ICE not move Marcos Gaspar-Da Silva out of state, and his attorney has filed a petition alleging his client is being detained in violation of his constitutional rights. The judge will now consider the arguments in this case.

The takeaway

This case highlights the growing challenges faced by immigrant families and lawyers in Maine as ICE ramps up enforcement and moves detainees out of state, making it harder for them to access due process and legal representation. It raises concerns about the rationale behind these transfers and whether they are being used to intentionally disrupt the ability of detainees to fight their cases.