Real Housewives of Atlanta star ’ estranged husband, , remains locked up in an ICE detention center and may be taken to an upcoming divorce hearing by federal agents, In Touch can exclusively report.

On May 1, the judge presiding over Porsha, 43, and Simon’s divorce battle set a hearing on the reality star’s plea to enforce the prenuptial agreement they signed before getting hitched.

A hearing on the motion was scheduled to take place on April 30. Porsha and her attorney appeared for the hearing, but Simon, 60, was “unable to appear due to his current detention by the U.S. Immigration and Customs Enforcement.”

A couple of days before the hearing, Simon’s lawyer asked the court to postpone the matter due to the businessman being detained.

Simon’s lawyer argued, “The motion to enforce the Prenuptial Agreement is a substantive motion that requires findings of fact by this Court. The outcome of the motion will also have a substantial effect on how the remainder of the divorce case proceeds, as it may be dispositive of some of the issues and result in litigation on others.”

In the recent court order, the judge noted, “Counsels for [Simon] indicate that the ICE agency has advised that upon receiving a production order, arrangements will be made to transport [Simon] to physically appear in Court at the Fulton County courthouse.”

The judge granted Simon’s request for a continuance and set the matter for June 11. The order instructed Simon’s lawyer to draft a proposed production order, which would tell ICE to bring Simon to the upcoming hearing, for him to sign.

The court noted that if Simon is released from ICE custody prior to June 11 and is unable to physically attend the hearing in person, “[Simon] should provide this court with as much advance notice as possible to allow this court to make arrangements for the hearing to occur via remote proceedings, and the parties and counsel may attend the hearing remotely.”

A source close to Simon tells In Touch that the businessman remains locked up in an ICE detention center.

The source said he was expected to be released a couple of weeks ago but still has yet to be.

As In Touch previously reported, Porsha filed for divorce in February 2024 after 15 months of marriage.

Simon opposed the prenup being enforced. He argued Porsha made misrepresentations during the prenup negotiations.

Simon’s lawyer argued, “The Wife failed to disclose that she would return to her employment on The Real Housewives of Atlanta as a cast member. Instead of disclosing this material fact, the Wife made it very clear to the Husband (and the public) that she was leaving the television show and not returning. The Husband relied on the representations — or misrepresentations — his Wife made to him during their engagement, the negotiation phase, and at the time that the parties signed the Prenuptial Agreement.”

The attorney continued, “But for the Wife’s misrepresentations to the Husband about leaving and not returning to RHOA as a cast member, the Husband would not have signed off on the Prenuptial Agreement terms that requires him to pay a substantial financial obligation to the Wife totaling over hundreds of thousands of dollars and terms that require him to split the equity of his $7,000,000 million pre-marital home (the Marital Residence) with the Wife, and pay significant debts and expenses for the Wife’s benefit.”

For her part, Porsha scoffed at her ex’s accusations. She also slammed Simon for the delays in the divorce.

Her lawyer noted, “Husband’s detention by U.S. Immigration and Customs Enforcement is the direct result of his attempt to illegally enter the United States. This detention is a foreseeable legal consequence of his actions and not an act of ‘divine intervention’ as claimed. Wife has vocalized her concerns about Husband’s questionable immigration status throughout this litigation, and Husband was fully aware of his longstanding immigration challenges, including multiple denials of his citizenship requests. Given this history, Husband should have foreseen the possibility of detention and is solely responsible for the consequences of his actions.”

The case is ongoing.