The undocumented immigrant accused of kidnapping a child made his first appearance in court Tuesday.

Jose Orlando Garcia was arrested Saturday after police say he forced a 6-year-old Charlotte girl into a vacant apartment. A spokesperson for the Immigration Customs and Enforcement (ICE) says if Jose Garcia is found guilty he could face deportation. 

Garcia was previously arrested in January 2014, driving while impaired and in February 2014, driving with a revoked license.

So why wasn’t he deported?

Immigration attorney George Miller says there was not much ICE could do, at the time of those arrests to enforce deportation for undocumented immigrants who got detained.

That’s because Garcia’s arrests happened before the presidential crackdown on illegal immigration.

“He had his DWI issue prior to the executive order and ICE had not found him yet. I’m sure they were actively looking for him,” Miller said.

Miller says Garcia could face deportation if he is found guilty of the four current charges brought against him, first degree kidnapping, breaking or entering, abducting a child, and indecent liberties with a child.

Garcia is accused of forcing the 6-year-old into a vacant apartment for about 15 minutes. Police say the girl was physically unharmed, but it’s not clear what happened while the two were alone.

ICE says those charges are priority one criminal offense.

“If you are a level one priority then ice is working to try to find you, actively pursuing you. To detain you,” Miller said.

FOX 46 reached out to ICE and they would not discuss Garcia’s case. But they say they’ve issued a detainer on him, intending to take him into custody, if he bonds out.

The judge increased Garcia’s bond for first degree kidnapping to $50,000.

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