Man detained by ICE marries American fiancee inside Suffolk Co. jail

BOSTON — It was far from their dream wedding, but a local couple got married Thursday inside a Boston jail.

Earlier this month, Boston 25 News anchor Kerry Kavanaugh told the story of the Fall River woman who petitioned the courts for permission to marry her fiance, and undocumented immigrant in federal custody.

They're now married, but still separated as her husband remains behind bars.

"It was very bittersweet. I pictured my day to be with family and friends and within the church," said Katherine Machado.

Instead, Machado got married inside the Suffolk County jail.

"He was able to, you know, hug me. And they allowed us to kiss. It was nice to kiss him after almost a year," said Machado.

No one was there to see it except for attorney Todd Pomerleau.

"So I didn't plan to be here today to be the maid of honor, the best man and the flower girl, but that's essentially the position we were placed in," said Pomerleau.

The series of events that led to this day began 11 months ago when Machado's then-fiance Edjann Dos Santos was picked up by immigration officials at work. He's been in custody, held on a deportation order, ever since.

"Edjann's a visa overstay. He overstayed a visa when he was in junior high. He had no choice in the matter and that's his immigration violation," said Pomerleau.

Dos Santos, now 29, came to the United States with his Brazilian parents when he was 13. Machado, an American citizen, said they planned to marry and get his status on track - something they pursued in court even after ICE picked him up.

"I've been denied three times. And on the fourth attempt I was successful," said Machado.

Katherine's father, David, wasn't allowed in to the wedding.

"I always picture my daughter's wedding to be a beautiful thing. I am very sad. This is not the country I came to from Portugal when I was 18 years old. I enjoy and I love my country, but laws have to change because this is ridiculous," said Machado's father, David.

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On her wedding day, Machado kissed her groom, kissed him goodbye, then reunited with her dad outside the jail.

"I feel like it's been such a long battle. We can't wait for it to be just all over with and just put it behind us and honestly, just have the wedding that we truly deserve," said Machado.

Boston 25 News reached out to ICE about this case, specifically the marriage.

They said it was approved via standard procedures. They also added that the marriage does not automatically change anything:

"A marriage in and of itself does not change anything automatically .  Now that this detainee is now married, his spouse can file an I-130, ( a Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS), however there is no automatic change just because he is now married.
The marriage does not automatically supersede whatever other circumstances are related to his current immigration status."

There is a larger case; a proposed class-action lawsuit involving several people with pending green cards in custody.

Dos Santos' attorney says now that they are married, they believe theirs will become part of the bigger class-action case.

Cox Media Group