Gomes da Silva was born in Brazil and moved to Milford at age 6 on a visa. However, when that visa expired, he stayed in the country illegally.
When Moulton announced bringing him to the SOTU with others sought by the government, the DHS objected that “Today, some Democrats in Congress are planning to bring illegal aliens as guests to the State of the Union. Once again, they are putting illegal aliens above the safety of American citizens.”
It then singled out Gomes da Silva as “an illegal alien who has no right to be in our nation. We are committed to enforcing the law and fighting for the arrest, detention, and removal of aliens like him.”
Gomes da Silva then fled the chamber and Moulton hid him in his office, calling him a “great American.” He told the Globe “I can’t believe they still want to chase after me. I’m just disappointed in the ignorance. It’s really inhumane, and there’s a lack of empathy.”
The DHS never suggested that it was seeking to arrest Gomes da Silva in Congress. Indeed, there is no evidence that DHS was actively seeking the arrest of this individual.
In the meantime, the Boston Herald sought to confirm his record and found what it described as troubling.In an update to this story, the Boston Herald did some digging into Gomes da Silva, who, over the summer of 2025, became an activist and celebrity of sorts among Democrats, including Moulton and Gov. Maura Healey, after ICE detained him for several days when they were looking for his father (read the background on that story and why Gomes da Silva was released here).The information the Herald found, while incomplete, is troubling:
The Herald submitted a public records request to the Secretary of State’s Office and the Milford Police Department regarding two reports, one from June and the other from September of 2021, where Marcelo Gomes da Silva was apparently named as the person of interest.
“The Herald sought the police report numbered 21-23101 dated 9/15/2021 featuring Marcelo Gomes da Silva and 1-16254 dated 6/30/21 also featuring the 19-year-old.
Milford Deputy Chief John Sanchioni denied both of those requests, indicating that the police report from June 2021 “involves a sexual assault and juveniles,” and that the report from September 2021 “involves juveniles.” He did not elaborate.”
Moulton’s move to hide Gomes da Silva raises some interesting legal issues. First, members enjoy legislative immunity under the Speech and Debate Clause.
Article I, Section 6, Clause 1 states that “The Senators and Representatives” of Congress “shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”
This is usually a protection for statements made in Congress. Moreover, the DHS was seeking the undocumented immigrant, not the member himself.
Second, searches of congressional offices have always been problematic. I have criticized past surveillance and searches as undermining the separation of powers. However, those searches targeted members, not fugitives or deportees.
Finally, putting these limitations aside, such controversies are generally left to Congress to police its own ranks. It is not clear whether the House will address the question of using a congressional office to shelter those being sought by the government.
The Mouton move raises the curious issue of sanctuary offices within Congress. It is also unclear whether Moulton supported this individual in his transportation to and from Congress, including the use of staff to facilitate such movements.
Moulton has not responded to the Boston Herald report of police reports connected to his SOTU guest.