Afghan Man Battling Brain Cancer Released from Immigration Detention

An Afghan man suffering from brain cancer has been released from federal immigration detention after more than a month in custody. Ihsanullah Garay, 38, received a bond from an immigration judge in Georgia on October 3, 2023, allowing him to return to his home in Lowell, Massachusetts. His release follows an arrest that stemmed from a misunderstanding when Garay sought directions from an individual he believed to be a police officer, but was actually a federal immigration agent.

Garay’s student visa had expired, but his attorney, Hans Bremer, confirmed that he holds an active work authorization and has no criminal record. Bremer also noted that Garay has applied for political asylum. During his time in detention, Garay’s health significantly declined. In a recent video court hearing, Bremer described Garay as appearing frail, with slurred speech and difficulty answering the judge’s questions. He also reported a concerning increase in the frequency of seizures while Garay was in custody.

The Department of Homeland Security acknowledged during the bond hearing that Garay posed no danger to the community, which is a critical factor for release on bond. However, they argued that he represented a high-flight risk, citing that most of his family remains in Afghanistan. Bremer contested this characterization, asserting that Garay had attended all his immigration hearings and maintained up-to-date paperwork.

“I do think it was a stretch by the Department of Homeland Security,” Bremer commented. “I don’t think it’s a very strong argument, and I think the judge obviously agreed with us.”

The case has drawn attention from local representatives, including U.S. Congresswoman Lori Trahan, who represents Lowell and parts of eastern Massachusetts. Trahan emphasized the need for the country to support families like Garay’s rather than punish them. “We’re talking about someone who is literally fighting brain cancer while trying to support his family,” she stated, highlighting the urgent human aspect of Garay’s situation.

Garay’s release is seen as a significant step towards ensuring that individuals facing serious health challenges are treated with compassion and understanding within the immigration system. As the legal process continues, many are watching closely, hoping for a resolution that respects both humanitarian concerns and legal frameworks.