Update: Michigan doctor's arrest by ICE linked to child abuse allegations

KALAMAZOO, MI -- A Michigan doctor came under scrutiny of U.S. Customs and Immigration officials because of 18 contacts with local law enforcement, according to ICE, while two misdemeanor convictions means he is subject to removal procedures.

Lukasz R. Niec, M.D. (Courtesy | Bronson HealthCare)

On Tuesday, Jan. 16, U.S. Immigration and Customs Enforcement Agents arrested Dr. Lukasz Niec, 43, at his Kalamazoo home and he was placed in the Calhoun County Jail.

Niec, a doctor at Bronson HealthCare, came to the U.S. with his family at age 5.

A week after the Kalamazoo doctor was arrested and jailed, ICE has answered some questions about the case.

Deportation officers with ICE Enforcement and Removal Operations (ERO) arrested Lukasz Niec Jan. 16, for administrative immigration violations, ICE officials said in a statement released Tuesday, Jan. 23.

"Mr. Niec entered the United States lawfully in 1979. He is amenable to removal proceedings as a result of two 1992 state convictions for malicious destruction of property and receiving stolen property, both of which are crimes involving moral turpitude," ICE said.

"He most recently came under agency scrutiny as a result of 18 encounters with local law enforcement," ICE said.

Lukasz will remain in ICE custody pending the outcome of removal proceedings, according to ICE.

"As ICE Deputy Director Thomas Homan has made clear, ICE does not exempt classes or categories of removable aliens from potential enforcement. All of those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States," ICE said.

ICE is legally prohibited from removing individuals who are lawful permanent residents of the United States if they have not been convicted of an aggravated felony, a domestic violence crime, drug or weapons offenses or crimes of moral turpitude, as outlined by the Immigration and Nationality Act (INA), according to the agency.

A lawful permanent resident can be deported from the United States if convicted of two or more Crimes Involving Moral Turpitude (CIMT), regardless of length of time in the U.S., ICE said.

A CIMT is a crime against a person (such as assault), fraud, perjury, robbery, theft and bribery. A CIMT can be either a misdemeanor or a felony - it is the length of the sentence that determines deportability, according to ICE.

Kalamazoo County District Court records show Niec has 22 cases generated from 18 contacts with police. Violations include four no proof of insurance violations, seven speeding tickets, failure to change address on license, causing an accident, careless driving, seat belt violation, driving without due care, and parking near a fire hydrant.

Niec pleaded guilty to a 2008 operating impaired by liquor offense in Kalamazoo County. He completed probation, and the conviction was set aside, the plea withdrawn and the case dismissed, as part of a plea agreement.

He was charged with domestic violence in 2013 and a jury found him not guilty after a trial, record show.

"Almost all the 18 number are traffic violations," his sister, Iwona Niec Villaire said in response to the ICE statement.

Niec remained jailed Tuesday morning.

Colleagues at Bronson are writing letters, to be sent to an immigration judge, in support of Niec and his desire to stay in the country.

Bronson HealthCare also issued a statement advocating for Niec's release.

"We have been in contact with our elected representatives and we have our immigration counsel coordinating with Dr. Niec's attorney to explore all options to secure his prompt release from detention," Bronson said.

"There are two misdemeanor convictions from 26 years ago that have been cited by ICE to support Dr. Niec's detention," Bronson said. "We believe that Dr. Niec's recent history as a contributing member of our community is far more indicative of the type of person he is than the incidents that occurred when he was a teenager."