Fernando Mejia, Port Washington bagel manager facing deportation, wins a reprieve, lawyer says

The popular manager of a bagel cafe in Port Washington whose arrest by ICE provoked an uproar in the community will not be immediately deported from the United States, his attorney said Wednesday.

Fernando Mejia, 41, who helped run Schmear Bagel & Cafe, won a temporary reprieve from a long-standing deportation order when his attorney filed a motion to reopen his case.

That means that probably, for at least a month, Mejia cannot be deported while a judge decides on the motion, said Brian Pu-Folkes, a Hicksville-based attorney representing Mejia.

"We're very happy that at least Fernando can be less worried about any imminent deportation," Pu-Folkes said. "We're cautiously optimistic. We did put together a very detailed and comprehensive motion with significant corroborating evidence. But it's a tough case, and we're just going to wait for the judge's decision."

Mejia was arrested on June 12 at about 7 a.m. by U.S. Immigration and Customs Enforcement (ICE) agents in the bagel cafe parking lot after Mejia made an early morning delivery.

His arrest came amid a ramped-up campaign by President Donald Trump’s administration to boost arrests of immigrants from about 600 a day to at least 3,000 a day — figures announced by Stephen Miller, the White House deputy chief of staff.

Mejia has received an outpouring of support from the community and public officials including Rep. Tom Suozzi (D-Glen Cove), who has called for his release.

He is being held at the Delaney Hall detention facility in Newark.

"I would characterize him as hopeful," Pu-Folkes said, though being detained is not easy and he misses his family. "I think that he is very appreciative of the tremendous support he's received from the community."

Mejia became beloved in Port Washington with his cheery personality and hard work, residents said. He would dress up as the Easter Bunny and Santa Claus during holidays at the cafe, which he managed for at least three years. He has a 15-year-old daughter who is a U.S. citizen, Pu-Folkes said.

In response to questions from Newsday, an ICE spokesperson said agents encountered Mejia during a daily routine law enforcement action in the Port Washington area.

He was identified as a fugitive alien with a final order of removal, since he had entered the country illegally on Oct. 18, 2005, near Brownsville, Texas.

He was ordered to appear before an immigration judge on Nov. 15, 2005, but when he did not appear, a judge on Jan. 19, 2006, issued an order in his absence for his removal.

The spokesperson noted that immigrants such as Mejia can file motions to remain in the United States, but "once they have exhausted all due process and appeals, the aliens remain subject to a final order of removal and ICE must carry out that order."

Suozzi and other supporters of Mejia's argue that the immigration system is broken, with almost no way for blue-collar workers to enter the U.S. legally. After spending years here and building a life, he should be allowed to stay, and the system should be fixed, they say.

Trump has pledged to carry out the largest mass deportation program in U.S. history and says it will target dangerous criminals.

Advocates contend most of the people being detained are workers like Mejia with no criminal records.