The detention of German Machado—a SUNY Brockport IT technician, father, and asylum seeker with valid federal work authorization and no criminal history—has sparked community rallies and national headlines. As faculty, students, and state officials call for due process, the case highlights the complex, often unforgiving realities facing thousands of immigrants caught in administrative limbo.
Zohar Law’s Managing Partner, Gadi Zohar, was featured on Rochester’s 13WHAM News to provide legal context on how an individual with lawful entry and valid work authorization can suddenly face ICE detention.
The Reality of the Asylum Backlog
Machado’s family fled Venezuela in 2016, and their asylum application has remained pending ever since. To many outside the legal system, a ten-year wait seems extraordinary. But as Gadi explained to 13WHAM, protracted delays have long been a systemic problem:
"I think 10 years isn't really outside the realm of possibility. Usually it's less than 10 years, maybe five, six, seven-year mark. But it's been a problem for years."
While an applicant waits for their day in court, they may be granted an Employment Authorization Document (EAD). However, under federal guidelines, a pending application or work permit does not confer permanent lawful immigration status—leaving applicants vulnerable to shifting enforcement priorities.
Policy Shifts and the Pressure of Detention
ICE enforcement around pending asylum seekers often hinges on procedural changes. As Gadi pointed out, policy adjustments now allow authorities to bypass the traditional affirmative asylum interview and place individuals directly into removal proceedings before an immigration judge.
Once in formal proceedings, ICE has broad discretion to detain individuals pending a final hearing—a process that can take years to resolve.
The human toll of this process is immense. As Gadi noted during the broadcast:
"What we're seeing is that a lot of people either will really just stay for a long time and fight it out, but the more likely scenario is that they just give up, because they're not criminals, and they're being housed with criminals a lot of times."
For individuals who have built established lives, contributed to their communities, and adhered to every rule while awaiting their hearings, long-term detention often turns the legal process into a battle of attrition.
At Zohar Law, we believe that understanding the nuances of the law and public transparency are critical steps toward accountability and justice. We will continue to follow cases like German Machado's and provide clear, grounded legal guidance to our community.
Read the full article: https://13wham.com/news/local/suny-brockport-community-rallies-for-release-of-employee-detained-by-ice