New York

Judge Orders Release of Chinese Immigrant Father Detained by ICE When He Went for Green Card Interview

What to Know

  • A federal judge has ordered the release of a Chinese immigrant father who was detained by ICE in May when he went for a green card interview
  • 39-year-old Queens resident Xiu Qing You, was arrested last month, leaving a 4-year-old son and a 6-year-old daughter
  • Congresswoman Grace Meng says the ruling is "wonderful news" but the case isn't over

The Queens father from China who was detained by ICE when he went for a green card interview last month has been ordered released by a federal judge, a congresswoman says. 

A federal judge ordered the immediate release of 39-year-old Xiu Qing You Wednesday, according to Rep. Grace Meng (D-Queens), days after demonstrators filled Foley Square to protest his possible deportation.

"The ruling to release Xiuqing You is wonderful news," Meng said in a statement. "His fight is not finished but I’m very happy for his wife and two young children." 

Dozens of demonstrators filled New York City's Foley Square Monday to protest the possible deportation of You, after he was detained by Immigration and Customs Enforcement officers while trying to attend a green card interview. 

Attorney Yee Ling Poon has said the detainment of his client was "not humane." 

You -- who said he feared being persecuted for his Catholic faith if he ever returned to China -- came to the U.S. in 2000 in the hopes of seeking asylum. He was denied and issued a deportation order in 2002. He never complied with the order. 

The stay-at-home dad to two children and helps run a nail salon in Connecticut with his wife and had applied for permanent residency in 2015. But he was arrested after attending an interview on May 23 and was held at a federal lockup in New Jersey awaiting deportation. 

Poon said Monday has asked for a stay of deportation, while also seeking to reopen his asylum claim.

"I've been practicing for 27 years and this is the first time this has happened to my client so you can see the big change in policy," he said.

You's case comes amid rising profile for such cases both in New York City and across the country. A pizza shop employee from Ecuador was arrested two weeks ago while making a delivery to an Army garrison in Brooklyn, but was able to get a stay on a deportation order.

Growing outrage over the Trump administration's "zero tolerance" policy also swelled through the week, forcing the president to reverse himself Wednesday and sign an executive order halting the policy of separating children from their parents when they are detained illegally crossing the U.S. border. 

Copyright AP - Associated Press
Contact Us