When he failed to produce the required documents, the soldier detained him and called Immigration and Customs Enforcement (ICE), which established that the father of two girls, aged two and three, had been living illegally in the country since 2010.
In a letter to the ICE office in NY, the Democrat said Villavicencio's "expedited removal serves no legitimate public safety goal and the circumstances leading to his arrest and detention raise serious legal and policy concerns".
Villavicencio was detained by ICE officials on June 1 when he tried delivering pizza to the Fort Hamilton Army Base, an area he has delivered pizza to multiple times.
At that point, the woman said, he signed a waiver for a background check, and 'an active Immigration and Customs Enforcement warrant was discovered on file'.
He also noted that his youngest daughter suffers from a congenital heart defect, and filed letters his behalf from US Sen.
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He would have to get a waiver as people who have spent more than a year in the USA illegally can't re-enter for a decade.
'They've got two little kids, so she'd have to struggle as a single mom, ' he told the New York Post. He said that a state-provided attorney had talked with Villavicencio, who is being held at a New Jersey facility.
Military police enter the Fort Hamilton military base in Brooklyn, June 7, 2018, in New York City.
Villavicencio's wife Sandra Chica said at a news conference last week that she is a U.S. citizen and that both of the couple's children were born in the U.S. She said Villavicencio applied for a green card in February.
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"I had one message for her: Anything we can do to help, we will do".
'He'a supporting the family and now I'm going to be by myself with them'. They actually know me and the sergeant knows me for some time doing delivery, ' he said. "He is the center of our family and our main support".
"Does the Army now have some new policy that demands all non-military personnel show proof of citizenship to gain access onto the Army base?"
New York City leaders said Villavicencio's detainment doesn't make sense. Brooklyn City Councilman Justin Brannan said.
Democratic New York Gov. Andrew Cuomo asked federal homeland security officials to look into the case, saying recent detentions raise significant legal questions.
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According to Nathan's faculty page on New York University Law School's website, she worked as an Associate National Counsel for John Kerry's 2004 presidential campaign and then served a "voter protection coordinator" and adviser for the Obama campaign when he ran for office in 2008.