An immigration judge has denied an emergency deportation stay and motion to reconsider for 37-year-old Joel Guerrero, a father-to-be from New Paltz, according to his wife and family.

Guerrero was taken into Immigration and Customs Enforcement custody in Manhattan last week during a routine biannual check-in. The construction worker and native of the Dominican Republic had an outstanding final deportation order stemming from a missed court date in January 2011, according to ICE. His family has since stressed that last week's arrest—during Guerrero's first check-in since President Trump took office—marked a stark shift in enforcement.

"I have moments of great hope and moments of absolute despair," Jessica Guerrero, 35, told Gothamist this week. "Being six months pregnant without your husband over something like this, I wouldn't know what words to even use."

Both motions were filed on March 2nd, according to court documents shared with Gothamist. The motion to reconsider states that Guerrero missed his January 6th, 2011 hearing because he was "struggling with an illness of substance abuse and dependency" but has since "completely turned his life around, and has completed a rehabilitation program with success."

Guerrero's family says attorney James Castiblanco is filing additional motions today, though the lawyer could not immediately be reached for comment. ICE also did not immediately respond to a request for comment on Guerrero's status.

Jessica and Joel were married on February 16th of this year, in New Paltz, according to Jessica. She works full time as an administrative assistant, but stressed this week that Joel is the "breadwinner" of the family.

Guerrero immigrated to the United States legally in 1997, when he was 17 years old. He was living in North Carolina in 2004 when he was arrested on a marijuana-related charge. According to ICE, Guerrero has a felony conviction on his record for possession with intent to manufacture, sell, or deliver a schedule VI controlled substance (marijuana or a synthetic equivalent). Guerrero's family contests this, however, saying the charge was a misdemeanor.

According to Jessica, North Carolina police discovered a marijuana plant inside Guerrero's apartment, where he lived with his brother and another roommate. "It was a plant, and unfortunately it was in North Carolina, which ten years ago was a difficult place for him as a Hispanic person," Jessica said.

According to Guerrero's brother Edward, Guerrero was later detained returning from a vacation in the Dominican Republic, at which point his green card was confiscated. (Green card status is also revoked upon the issuance of a final order of removal.)

"Long story short, he got an immigration lawyer, and it's been going on for years," Edward said. "The judge... allowed him to report every six months to the ICE office. He was doing that faithfully, and the last time he was just taken."

"Up until recently ICE has been allowing some individuals who have prior orders of removal to remain in the country because of some sympathetic fact or factor in their cases," Ward Oliver, supervising attorney for the Immigration Law Unit at the Legal Aid Society, told Gothamist recently. "Given Trump's executives orders, it is hard to say what, if any, discretion ICE will be exercising in the future."

According to Jessica, an ICE officer addressed the shift in enforcement the day her husband was taken into custody. "His exact words to me were, 'This is what the new administration is telling me to do,'" she said.

Guerrero is currently being held at the Hudson County Correctional Facility in Kearny, New Jersey.

"I told him on the phone yesterday that I would trade places with [him]," Jessica said on Tuesday. "Why won't they detain me?"

She added that if her husband is deported, she will leave the country with him.

"If it came down to it, I would go," she said. "What am I going to do, visit him for a week every two months? That's not a family."