By Cliff Potts, CSO, and Editor-in-Chief of WPS News
Baybay City, Leyte, Philippines — February 13, 2026
Júnior Pena, a Brazilian social media influencer who built a large following by praising U.S. immigration enforcement and reassuring immigrants that only “crooks” were targeted by ICE, was detained by U.S. Immigration and Customs Enforcement in New Jersey in late January 2026. His detention was not related to any criminal charge. Instead, it stemmed from a missed immigration court hearing tied to what reporting indicates was an administrative scheduling failure.
Pena, whose full name is Eustáquio da Silva Pena Júnior, became widely known on TikTok and Instagram for pro-Trump commentary on immigration. He repeatedly told followers — many of them immigrants — that they had nothing to fear from enforcement actions if they followed the rules. That message earned him praise from supporters of strict immigration policies and criticism from immigrant-rights advocates.
According to multiple news reports, Pena’s immigration court hearing had been rescheduled. However, the updated date was not properly reflected across federal case-management systems. When he did not appear on the originally scheduled date, the system recorded a failure to appear. Under U.S. immigration law, missing a hearing — regardless of cause — can automatically trigger detention or an in absentia order, even in the absence of criminal allegations.
ICE detained Pena in New Jersey and placed him in civil immigration custody. Legal observers note that immigration court proceedings are civil, not criminal, and are governed by rigid procedural rules. These rules prioritize documentation, deadlines, and system entries over intent, personal history, or political alignment. Once a missed hearing is logged, enforcement mechanisms are often triggered automatically, with limited discretion at the operational level.
Pena’s attorneys have reportedly been working to correct the court record and prevent his transfer to another state, a common practice in immigration detention that can complicate access to legal counsel and delay case resolution. As of early February 2026, there has been no public indication that Pena faces criminal prosecution.
Public reaction has been divided. Critics have pointed to the irony of an outspoken defender of immigration enforcement being detained by the same system he promoted. Others have emphasized due process and humane treatment regardless of political views. Both reactions point to the same structural reality: U.S. immigration enforcement operates through bureaucratic procedures that do not distinguish between supporters and critics.
Pena’s case illustrates how immigration bureaucracy routinely eats its own supporters. Advocacy and rhetoric offer no insulation from administrative failure. In a system driven by paperwork, deadlines, and automated triggers, even minor clerical errors can produce serious consequences. The lesson is not ideological but procedural: immigration enforcement is governed by systems first, people second.
APA References
Phillips, T. (2026, February 2). Brazilian influencer who defended US immigration crackdown arrested by ICE. The Guardian.
Maturen, S. (2026, February 2). ICE arrests right-wing influencer after he defends Trump immigration crackdown. The New Republic.
Jorge, S. (2026, February 2). ICE detains MAGA influencer who claimed only “crooks” get deported. The Daily Beast.
Napiza, C. M. (2026, February 2). Brazilian MAGA influencer detained by ICE after praising Trump’s immigration policies. International Business Times.
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