NEW YORK — After more than 30 months in detention centers, Kelvin Silva was deported last week by U.S. Immigration and Customs Enforcement to the Dominican Republic. His mother, children and siblings continue to live in the U.S.
Silva, 45, legally moved to the United States when he was 11. His father was residing in the U.S. as a naturalized citizen, and Silva became a lawful, permanent resident. He had a Social Security card and paid taxes -- until an immigration judge revoked his status.But that was not the case. Silva, whose parents were not married, never became a U.S. citizen. At the time he immigrated, the Immigration and Nationality Act of 1940 was still the law.
After his father died when he was a teenager, Silva said he became involved in illegal activities. He was convicted in 2013 for possession with intent to distribute marijuana and cocaine and sentenced to 127 months in federal prison. He earned his GED behind bars and completed a drug abuse program. Just a few months after President Joe Biden was inaugurated, ICE issued an administrative stay in his case at the direction of the U.S. Department of Homeland Security, according to the Southern Poverty Law Center. Silva remained in the U.S.
ICE has previously told ABC News that Silva entered the U.S. legally but violated the terms of his admission with multiple drug convictions.
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