Coast Guard shackled frightened teen’s feet, turned him over to ICE after arresting him and his father as they enjoyed day of fishing off Martha’s Vineyard

A Brazilian father and his son were turned over to ICE after they were detained by the Coast Guard while out on a boat fishing off the coast of Martha’s Vineyard.

Rogerio da Silva Lima and his 15-year-old son, Nycolas de Al Varenga Lima, are being held at an immigration facility in Burlington, Massachusetts, the Boston Globe reported.

Originally from Brazil, they have lived on Martha’s Vineyard for several years. A family friend took them on his boat early Monday for their first offshore fishing trip, with the trio ending up about one-and-a-half miles out from the historic fishing town of Menemsha.

The family friend, who asked not to be named, first spoke to The Vineyard Gazette, telling the outlet that they were approached by the Coast Guard for a routine safety check. After that, they were allowed to return to fishing.

The Coast Guard returned twice more, at one point asking the father and son for documentation. On the third and final stop, they were detained, according to the friend.

Nycolas was reportedly so nervous that he couldn’t spell his name for the Coast Guard officials. The teen’s feet were shackled together, the friend said.

The Coast Guard said that it boarded a vessel near Martha’s Vineyard on Monday without naming the people who were taken into custody.

‘To avoid separating a father and his minor son, the Coast Guard coordinated with ICE to ensure both individuals could remain together during the transfer process,’ the US Coast Guard said in a statement to The Vineyard Gazette. ‘USCG Station Menemsha transported the individuals to Woods Hole, where they were transferred to ICE custody.’

The friend said da Silva Lima told him that immigration officials were planning on sending him and his son to Texas ahead of their deportation. 

ICE did not immediately return a request for comment.

Federal court records show that da Silva Lima is being represented by Haven Immigration Law, which filed an emergency writ of habeas corpus on his behalf.

In that petition, filed in federal court in Boston on Monday, da Silva Lima argued his detention is unlawful and violated his constitutional rights.

On Tuesday, District Court Judge Indira Talwani ordered the government not to deport da Silva Lima until further notice. 

She also said he cannot be moved anywhere else in the country, such as Texas, until the government responds to his habeas corpus petition. 

Lawyers with the Department of Justice have 72 hours to respond and explain why or if da Silva Lima would pose a danger to the community if released.

After the government’s response is filed, lawyers for da Silva Lima would then have another 72 hours to issue a rebuttal to the court. 

Amelia Lynn Ritenour, da Silva Lima’s lawyer, did not immediately return a request for comment.

Da Silva Lima and his son, who is a student at Martha’s Vineyard Regional High School, moved to Martha’s Vineyard several years ago and have already forged strong ties in the community.

Da Silva Lima works for a local business owner, Rory Moreis, who runs a construction company. Moreis’s daughter, Alexis Moreis, collaborated with the local chapter of LUCE, an immigrant rights group, as well as the school district to help keep da Silva Lima and Nycolas in Massachusetts.

A private donor paid for the fees associated with the habeas corpus petition that has so far prevented the government from transferring the family to Texas. 

Alexis Moreis, also a tribal council member with the Chappaquiddick Wampanoag Tribe, said the community is ‘offended and disgusted’ at what has transpired so far.

‘We have never seen the Coast Guard take this kind of measure,’ she told The Globe. ‘There is clear profiling going on of who is actively practicing fishing.’

The Martha’s Vineyard chapter of LUCE set up a GoFundMe for da Silva Lima and Nycolas to raise money for their continued legal defense.

The online fundraiser has brought in nearly $12,000 toward an $18,000 goal as of Wednesday morning.