Teresa Giudice‘s husband, Joe, is denying he is being deported before his prison sentence is up in 2019. The former Real Housewives of New Jersey star is currently servicing a 41-month prison sentence for mail, wire and bankruptcy fraud that began in March 2016. James J. Leonard Jr., their family attorney, tells PEOPLE that no moves had been made to deport the reality star. “I can state with absolute certainty that no decision has been made regarding the immigration status of Joe Giudice,” Leonard Jr. says. “The same immigration detainer that was lodged against him in March of 2016 remains in place today, but I want to be absolutely clear about this, no judicial authority has made any decision regarding what will happen with that detainer.” “Mr. Giudice has immigration counsel who are and have been working aggressively on his behalf so that he can return home to his wife and four young daughters and we remain optimistic that that is how this will end.” An ICE spokesperson did not immediately respond to PEOPLE’s request for comment. News of Giudice’s possible deportation comes after a report in which an ICE spokesperson said the father of four was “in deportation proceedings while he’s in custody. ICE has lodged a detainer, and he is in removal proceedings,” according to RadarOnline.