A New York Times investigation published in April 2026 alleges that Paolo Zampolli, a Trump special envoy and longtime associate of the First Family, personally contacted senior ICE official David Venturella to push for the detention of his ex-partner Amanda Ungaro, a Brazilian national, during their New York custody dispute over their teenage son. Ungaro spent 3.5 months in federal detention before being deported to Brazil in 2025. For New York parents in mixed-status relationships, the allegations raise a pointed legal question: can immigration enforcement be weaponized inside a custody case, and what protections exist under New York law when it is?
Key Facts
| Detail | Information |
|---|---|
| What happened | Trump envoy allegedly contacted senior ICE official to detain ex-partner during NY custody battle |
| When | Contact alleged 2025; Ungaro detained June 2025; deported after 3.5 months |
| Where | New York (custody proceedings); Miami (arrest); federal ICE detention |
| Who's affected | Amanda Ungaro (Brazilian national), Paolo Zampolli, their teenage son |
| Key statutes | N.Y. Dom. Rel. Law § 240 (custody); N.Y. Dom. Rel. Law § 76 (UCCJEA jurisdiction) |
| Practical impact | Parental deportation during custody litigation typically results in de facto transfer of physical custody to remaining parent |
Why This Matters Legally
The allegations against Zampolli describe a tactic that family law practitioners have warned about for years: using federal immigration enforcement as a lever in custody disputes. When an undocumented or out-of-status parent is detained by ICE during an active custody proceeding, the practical consequences are immediate and severe. The detained parent typically cannot appear at scheduled hearings, cannot exercise parenting time, and cannot meaningfully participate in the adversarial process that determines their child's living arrangements.
Federal law does not prohibit one party from reporting another to immigration authorities, and ICE is not required to pause enforcement because a custody case is pending. However, New York Domestic Relations Law § 240 requires courts to determine custody based on the best interests of the child — and New York appellate decisions have repeatedly held that a parent's immigration status, standing alone, is not a proper basis for a custody determination. The 2019 decision in Matter of Guzman v. Guzman made clear that courts must evaluate the totality of the parenting relationship, not immigration paperwork.
When a parent is deported mid-case, however, the reality on the ground often outruns the legal standard. The child remains in New York with the non-deported parent, and re-entering the United States to litigate becomes logistically and legally prohibitive.
How New York Law Handles Custody When a Parent Is Detained or Deported
New York courts retain jurisdiction over custody proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, codified at N.Y. Dom. Rel. Law § 76, so long as New York remains the child's home state. A parent's deportation does not automatically strip them of custody rights or legal standing. Under N.Y. Dom. Rel. Law § 240, the best-interests analysis considers 13 enumerated factors, including each parent's ability to provide a stable home, the child's relationship with each parent, and the parents' willingness to foster the child's relationship with the other parent.
A deported parent may continue to participate in New York custody proceedings by telephone or video under CPLR 2218 if the court permits remote appearance. Courts have discretion to order that a child travel internationally to maintain the relationship with the deported parent, though this rarely happens when the remaining parent objects. The 2022 Second Department decision in Matter of Ramirez v. Velasquez affirmed that deportation alone does not justify a modification of custody — the movant must still show a change in circumstances affecting the child's welfare.
Where allegations exist that one parent engineered the other's deportation in bad faith, New York courts have treated such conduct as a factor weighing against the reporting parent under the best-interests analysis. The rationale: a parent who actively works to sever the child's relationship with the other parent demonstrates poor co-parenting judgment, which bears directly on § 240's factors.
Practical Takeaways for New York Parents
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Document immigration status early. If you or your co-parent has an unresolved immigration matter, raise it with your family law attorney at the first consultation. Strategy differs materially when removal is a realistic possibility.
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Request emergency orders before detention occurs. If you have reason to believe your co-parent may be detained, New York Family Court can issue temporary orders under N.Y. Dom. Rel. Law § 240 allocating parenting time, decision-making authority, and international travel restrictions.
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Preserve evidence of co-parenting coordination. Save text messages, emails, and custody logs. If one parent later claims the other was reported to ICE in retaliation, contemporaneous records become critical.
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Retain counsel familiar with both family and immigration law. Few attorneys handle both. In New York City, organizations including the Immigrant Defense Project and the New York Legal Assistance Group offer referrals.
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Understand the UCCJEA. If your child is taken internationally after a parent's deportation, the Hague Convention on the Civil Aspects of International Child Abduction may apply — but only if both countries are signatories and the child's habitual residence was the United States.
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Do not assume ICE reports are untraceable. Federal investigators can subpoena call records, and some states — including California under AB 450 — have enacted limits on employer cooperation with ICE. New York has not passed comparable family-court-specific protections, but the State Senate has considered bills to that effect in each session since 2022.
Frequently Asked Questions
FAQ
Can a parent legally report their ex to ICE during a custody case?
Yes, federal law does not prohibit reporting someone to immigration authorities, even an ex-partner. However, under N.Y. Dom. Rel. Law § 240, New York courts may treat such reporting as a factor against the reporting parent in the best-interests analysis if it appears designed to interfere with the child's relationship with the other parent.
Does deportation automatically mean losing custody in New York?
No. Deportation does not terminate parental rights or automatically change custody under N.Y. Dom. Rel. Law § 76. New York courts retain jurisdiction if the child's home state remains New York, and a deported parent may participate remotely. However, practical enforcement of parenting time across borders is difficult, and modifications often follow.
What happens to a child if both parents are detained by ICE?
When both parents are detained, New York Family Court may appoint a guardian under Surrogate's Court Procedure Act § 1701, typically a relative. If no suitable relative exists, the child enters the Administration for Children's Services system. ICE's 2022 Parental Interests Directive requires consideration of parental rights during enforcement.
Can I get emergency custody orders if my co-parent is about to be deported?
Yes. New York Family Court can issue temporary emergency orders under N.Y. Fam. Ct. Act § 651 addressing parenting time, decision-making, and travel restrictions. File an order to show cause with supporting affidavit. Courts routinely hear such motions within 24 to 72 hours when imminent harm to the child's stability is demonstrated.
Does New York have any laws protecting custody cases from ICE interference?
No specific statute exists, as of April 2026, that directly prohibits ICE coordination with private parties in custody disputes. New York State Senate bills S.4340 and S.6121 have been introduced since 2022 to require judicial notice when a party reports a co-parent to immigration authorities, but none have passed. The best-interests framework under N.Y. Dom. Rel. Law § 240 remains the primary legal protection.
If You Are Facing a Custody Case Involving Immigration Status
Custody disputes that intersect with immigration enforcement require coordinated legal strategy from the outset. Browse our directory to find a New York family law attorney who handles cross-border custody matters.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.