Marquez was taken into custody by ICE agents on Sunday, Oct. 19 in front of St. Agnes Roman Catholic Church, Mayor Lori Hohenleitner said.
The father of three, who runs the restaurant with his brother, Emilio, was wrongfully detained, Hohenleitner said.
Marquez " has employment authorization through the proper channels," Hohenleitner said. He remains in custody at the Delaney Hall Detention Facility in Newark, Hohenleitner said.
The mayor said neither the Atlantic Highlands Police Department nor the Monmouth County Prosecutor's Office was aware of ICE activity in the community.
In a statement, ICE said Marquez was one of three people detained during enforcement operations that day. Marquez, a Mexican national, had entered the United States illegally and was issued a final order of removal by an immigration judge in July.
"ICE remains committed to enforcing federal immigration law and upholding the integrity of our nation’s legal immigration system. ICE will continue to identify, arrest, and remove individuals who violate U.S. law and attempt to circumvent lawful pathways to residency," an ICE spokesperson said.
Hohenleitner has established a fundraiser to help Marquez with legal expenses. As of Friday, Nov. 7, more than $94,000 has been raised.
"Ruperto and Emilio and their families are the lifeblood of our community," Hohenleitner said. "Let’s help bring him back home."
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