Federal Judge Orders Release of Immigrant, Challenges ICE Policy

A federal judge in Denver has ordered the release of Nestor Gutierrez, an immigrant detained for five months, and ruled that a new policy from the Immigration and Customs Enforcement (ICE) agency likely violates federal law. The ruling, issued on November 3, 2023, highlights concerns over the denial of bail hearings for long-term, undocumented residents in the United States.

Judge Regina M. Rodriguez has temporarily prohibited ICE from deporting or transferring Gutierrez and other undocumented immigrants currently held in Colorado. Her decision specifically applies to those who have resided in the U.S. for years and would traditionally qualify for bail while their immigration cases are resolved. This order prevents the government from circumventing legal challenges by deporting individuals before their cases are heard.

The controversy stems from a policy change initiated by the Trump administration earlier this year, which directed immigration courts to reinterpret longstanding federal law by halting bail hearings for long-term residents. Advocates and legal representatives argue this change aims to keep immigrants detained, thereby pressuring them to abandon their legal battles or voluntarily leave the country.

During recent court proceedings, reports indicated that some detainees opted to request their own deportation, despite fears of returning to their home countries. Gutierrez, a native of El Salvador and a father of two, has lived in the Denver area since 1999. He was arrested by ICE agents in May 2023, and a judge subsequently informed him that the new policy barred consideration of bail.

In her ruling, Judge Rodriguez rejected ICE’s argument that Gutierrez was not experiencing “irreparable harm” from his ongoing detention. She emphasized Gutierrez’s role as his family’s primary financial provider, stating, “What is unique to Mr. Gutierrez, and other noncitizens like him, is that he is being unlawfully detained without bond.” She noted that had he been granted a bond hearing, he would likely have been released due to his non-flight risk and lack of threat to the community.

Rodriguez’s order also seeks to prevent ICE from sidestepping her ruling by shifting detainees to facilities where legal challenges to the bail policy may not occur. Following the judge’s ruling, Gutierrez’s legal team arrived at the detention center to secure his release. Although initially refused, he was finally released on the morning of November 4, 2023.

Hans Meyer, one of Gutierrez’s attorneys, expressed relief over the court’s decision, stating, “The most important thing is that (the court) agreed with us that ICE’s interpretation of the law is incorrect.” Meyer, along with the American Civil Liberties Union (ACLU) of Colorado, filed the lawsuit on Gutierrez’s behalf.

This ruling is part of a broader trend across the United States, with at least 36 courts rejecting the new bail interpretation from senior immigration authorities, according to Judge Rodriguez. The legal challenges from Colorado lawyers continue, with several lawsuits filed against this policy.

Meyer and the ACLU plan to return to court in mid-November 2023 to seek class-action certification for the lawsuit. Judge Rodriguez opted not to certify the class in her ruling, indicating she requires more information regarding how many individuals share Gutierrez’s circumstances.

As the legal landscape continues to evolve, this case exemplifies the ongoing struggles faced by undocumented immigrants in navigating complex immigration laws and policies.