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Democrat’s Staffer Overstayed Six Years, ICE Says

“On January 13, 2020, Mo lawfully entered the U.S. on a temporary basis but illegally overstayed his welcome by failing to depart by May 15, 2020,” the Department of Homeland Security told Fox News Digital.

DHS characterized the airport arrest as a targeted immigration enforcement operation. The department also pushed back against any suggestion that Mo’s employment or work authorization automatically resolved his immigration status.

“Work authorization or a pending application do NOT confer legal status in the United States,” DHS said.

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That distinction is now at the center of the dispute. Stefani has described Mo as a legal employee of the California Legislature and is asking federal authorities to release him. DHS, meanwhile, has emphasized that employment authorization and lawful immigration status are separate issues.

“My message today is simple: I am respectfully calling for Ho Yin Mo’s release as soon as possible,” Stefani said.

The Democratic assemblywoman praised Mo’s work in her district, particularly his outreach to Chinese-American residents. She said he has helped constituents navigate issues involving health coverage, child care and food assistance.

“Ho Yin is a selfless public servant and a valued, legal employee of the California State Legislature serving our San Francisco and Bay Area communities,” Stefani said.

Stefani also highlighted Mo’s connection to the Chinese-speaking community, where he was already known from his previous career in television news.

“When Ho Yin and I meet our Chinese-American constituents, he brings a unique sense of belonging to so many who watched him as a TV reporter,” Stefani said. “And his work goes far beyond presence.”

She added that Mo assists residents with several basic services and said his absence has been felt by the community.

“His work goes far beyond presence. Mo helps people access affordable health care coverage, child care, and food support,” Stefani said.

“Our whole community eagerly awaits Ho Yin’s return to his home and his job where he is loved and adored,” Stefani said.

Federal officials, however, have taken a much different position.

First Assistant U.S. Attorney Bill Essayli of the Central District of California weighed in after the detention became public, making clear that holding a position in state government does not place someone outside the reach of federal immigration law.

“No one is above the law, not even the California legislature and its staff,” Essayli wrote on X.

Mo is no stranger to public-facing work. Before joining Stefani’s office, he worked in Bay Area Chinese-language television, including as an anchor and reporter at KTSF Channel 26. He later became involved in political organizing, including Asian American and Pacific Islander outreach during former San Francisco Mayor London Breed’s 2024 reelection campaign.

Mo joined Stefani’s office in January 2025 and served as a field representative for the district.

Stefani represents California’s 19th Assembly District, which includes portions of San Francisco and San Mateo County. Before serving in the state Assembly, she was a member of the San Francisco Board of Supervisors from 2018 through 2024.

The arrest also comes amid stepped-up immigration enforcement at airports under the Trump administration. Federal officials have indicated that immigration authorities are targeting individuals who are believed to be unlawfully present in the country, including people encountered while traveling domestically.

DHS has defended the broader policy as part of its effort to prevent people who are unlawfully present from using domestic air travel to move around the country.

“This administration is working diligently to ensure that aliens in our country illegally can no longer fly unless it is out of our country to self-deport,” DHS said.

For now, the central disagreement is not over whether Mo held a job with the California Legislature. Both sides acknowledge that he did.

Instead, the dispute centers on his immigration status, the terms under which he entered the country, and whether any subsequent application or authorization changed his legal position.

Federal authorities say his 2020 admission was temporary and that he remained after the deadline to depart. Stefani argues that his work for the California Legislature was lawful and has called for his immediate release.

Mo remains in federal immigration custody as his case moves through the removal process. The eventual outcome will depend on his immigration record and any claims or applications considered during those proceedings.

What began as a routine trip through a Las Vegas airport has now become another high-profile test of the Trump administration’s immigration enforcement policy — with a California lawmaker publicly demanding the release of one of her own employees and federal officials insisting that government employment does not override federal immigration law.

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