A single father of six children was deported last month after being in the U.S. for over 30 years, but his lawyer said they're trying to fight the case

A father was deported to Mexico last month after living in the U.S. for over 30 years, leaving his six children without their only parent, his lawyer said.

According to Department of Homeland Security Assistant Secretary Tricia McLaughlin, Rosalio Vasquez Meave was arrested on September 15. His lawyer, Michelle Edstrom, said he was dropping off his children at school when an ICE vehicle pulled him over and detained him.

Edstrom said her client had a valid work permit and was the sole caretaker of his children, all of whom are U.S. citizens. In 2023, Vasquez Meave had applied for a visa under the Violence Against Women Act, which also applies to men and parents of American children who have been subjected to neglect or abandonment, said Edstrom.

"He was the only caretaker of the children when he dropped them off at school that day, when ICE arrested him," she said. "And he had a valid work permit; he also had a valid driver’s license. He had what’s called a prima facie determination of his VAWA petition, and was just waiting on the final adjudication of that application."

Vasquez Meave first came to the U.S. as a teenager in 1990, said Edstrom. He left in 1999, believing he was applying for a work visa through an office in Ciudad Juárez, but he was arrested in 2000 when he attempted to enter with those documents.

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"Meave was previously removed to Mexico in 2000. He chose to commit a felony and illegally re-enter the U.S. at an unknown date and location," said McLaughlin. According to Edstrom, Vasquez Meave had remained in the U.S. since 2000.

"He was self-employed doing painting and construction-type work. He owned his own home in Oklahoma. He had significant community ties," she said. "He had, obviously, family ties through his children. He was trying to go through the process the right way, and they picked him up anyway."

Vasquez Meave remained in custody until he was deported last month, said Edstrom. She said that he hadn't had his medication for high blood pressure for over two weeks.

"He was not feeling well at all," she said. "The anxiety of being separated from his children on top of basically going cold turkey off of your high blood pressure medication and anti-anxiety medication was not good on him at all."

Vasquez Meave was able to reunite with his children in Mexico after a family friend helped take care of him. In a statement, McLaughlin told Newsweek that "pending applications do not confer legal status." She said ICE had reinstated Vasquez Meave's final order of removal.

McLaughlin said Vasquez Meave didn't request that his children be removed with him. "ICE does not separate families," said McLaughlin. "Parents are asked if they want to be removed with their children, or ICE will place the children with a safe person the parent designates. This is consistent with past administrations' immigration enforcement. Parents can take control of their departure with the CBP Home app and reserve the chance to come back the right legal way."

Edstrom said Vasquez Meave wasn't given the option of traveling with her children. She said they have been trying to get congressional assistance for Vasquez Meave's VAWA petition.