Gwinnett charges dropped against journalist being held by ICE in Atlanta

Mario Guevara. FOX 5 Atlanta image

Gwinnett County has officially dropped all charges against Salvadoran journalist Mario Guevara, who remains in federal immigration detention following his controversial arrest during a protest in June. The announcement comes amid ongoing claims that Guevara is being targeted for his work documenting immigration enforcement operations.

What they're saying:

In a statement released Thursday, Gwinnett County Solicitor-General Lisamarie N. Bristol said the charges—reckless driving, unlawful use of a telecommunications device, and failure to obey signs—were reviewed and dismissed due to legal deficiencies or insufficient evidence.

"The first two charges are being dismissed due to a lack of legal sufficiency," the statement read. "Under OCGA Title 40, these violations cannot be charged on private property, only public streets. At the time of the alleged incident, Mr. Guevara was driving on the private property of an apartment complex."

The third charge, which accused Guevara of operating a vehicle while livestreaming on social media, was also dismissed. "While there was probable cause to support the issuance of warrants, upon further investigation there is insufficient evidence to obtain a conviction beyond a reasonable doubt," Bristol stated.

What we know:

Guevara, 47, is still being held by U.S. Immigration and Customs Enforcement (ICE) in the Atlanta area. He was originally arrested while filming a protest in Doraville and initially charged with unlawful assembly, obstruction, and being a pedestrian on the roadway—charges that were later dropped.

The Emmy-winning journalist and founder of MGNews has lived in the U.S. for more than two decades and has been a prominent voice in covering immigration-related events in metro Atlanta. In a handwritten letter shared publicly last week, Guevara pleaded with Salvadoran President Nayib Bukele to intervene with U.S. authorities, claiming his arrest was politically motivated retaliation for his reporting.

"I am being persecuted for carrying out my journalistic work covering street operations," Guevara wrote. He also noted that he has no criminal history and has continuously maintained legal work authorization.

Despite a federal immigration judge granting him release on bond, ICE has kept Guevara in custody, transferring him between five detention centers in under a month—a pattern he and his attorneys argue is an effort to damage his record and fast-track his deportation.

"We are dismayed that immigration officials have decided to ignore a federal immigration court order last week granting bail to journalist Mario Guevara," said Katherine Jacobsen, U.S., Canada, and Caribbean Program Coordinator for the Committee to Protect Journalists. "Guevara is currently the only jailed journalist in the United States who was arrested in relation to his work."

Guevara’s attorneys maintain that he is actively seeking permanent residency and has renewed his legal status as required.

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What's next:

The Salvadoran government has not publicly responded to Guevara’s request for diplomatic intervention. 

Assistant Secretary Tricia McLaughlin with Homeland Security sent the following statement to FOX 5 Atlanta:

"On June 14, Mario Guevera, an illegal alien from El Salvador, was arrested by Doraville Police Department for willful obstruction after he refused to comply with local police orders to move out of the middle of the street. Following his arrest by local authorities, ICE placed a detainer on him since he is in the country illegally. Local police then turned him over to ICE. On July 3rd, ICE transferred Guevera over to the Gwinnett County Sherif’s Office for outstanding arrest warrants for reckless driving, failure to obey signs, and unlawful use of a cell phone. Local authorities then transferred him to ICE custody for removal proceedings on July 4."

FOX 5 Atlanta has also reached out to Guevara's attorneys for a statement. 

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