BOSTON (WHDH) — An undocumented husband and father arrested by Immigration and Customs Enforcement (ICE) remains behind bars as his wife and loved ones fight for his release.

Karah DeOliveira said her husband Fabiano DeOliveira was arrested at an immigration office on Jan. 9. DeOliveira said she and her husband had gone to the office to report their marriage and apply for his green card.

“If you go and try to do the right thing, processes like this shouldn’t happen. It’s just not fair,” said DeOliveira.

Fabiano DeOliveira came to America illegally and met his wife in 2010. They are now married with a 5-year-old son and made a life for themselves in Beverly, where he worked as a painter. DeOliveira said her husband has no criminal record and was trying to do the right thing by applying for a green card.

“It feels really unfair, really unjust. It feels overreaching, overzealous and unnecessary,” said Jeffrey Rubin, the family’s attorney.

In a statement, ICE said they do not target people seeking immigration benefits, calling the claims “baseless and without merit.”

“All of those who have been targeted for arrest were targeted based on previously issued orders of removal,” said the statement.

DeOliveira and her parents have since gone before a judge to request his release. Her request was denied and her husband is due back in court in February.

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