Judge hears arguments to release Mario Guevara from ICE custody

Family, attorneys push for release of Mario Guevara from ICE custody

Guevara, 47, has been detained since June after being arrested by Doraville police while covering a "No Kings" protest. Guevara?s attorneys argue the government is retaliating against him for his reporting. Federal prosecutors argue Guevara was placed in deportation proceedings because of his immigration status, not his reporting.

GEORGIA - A federal immigration judge heard arguments that detained journalist Mario Guevara should be released from ICE custody.

What we know:

Guevara, 47, has been detained since June after being arrested by Doraville police while covering a "No Kings" protest. Video from the incident showed him wearing a vest marked "PRESS" and identifying himself as a journalist before being taken into custody. Local charges were later dropped, but ICE transferred him into immigration detention. He has since been moved between several facilities, most recently in Folkston, more than five hours from his family.

What they're saying:

Last week, Guevara’s attorneys, joined by the ACLU, ACLU of Georgia, and the University of Georgia’s First Amendment Clinic, filed a habeas petition claiming the government is retaliating against him for his reporting, including livestreaming video of law enforcement activity. They argue his detention violates his First Amendment rights and due process protections.

Following the court hearing on Wednesday, the attorneys and family hosted a press conference.

"We demand Mario's immediate release, because the only reason why he is being held is because doing journalism, and journalism is not a crime," CPJ Regional Director José Zamora told reporters.

Mario Guevara's family members and supporters spoke to reporters outside the courthouse in Brunswick following Wednesday's hearing.

Guevara's son, Oscar Guevara, said, "My dad had said several times to be prepared because he could get arrested at any moment, which he said half-jokingly, half-serious.  But I never ever thought it would be this bad."

Guevara remains in ICE custody at a detention facility  in South Georgia, even though an immigration judge granted him bond July 1st.

"There is a focus on trying to silence journalism, and to avoid trying to show what is happening, especially on certain issues," Zamora said.

"High-quality journalism depends on reporters being able to document and share what they see without fear of retaliation," said Scarlet Kim, senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project, ahead of the hearing. Guevara’s legal team is asking the court to order his immediate release so he can rejoin his family and return to his work.

The other side:

Federal prosecutors argue Guevara was placed in deportation proceedings because of his immigration status, not his reporting. A spokesperson for the Department of Homeland Security previously said accusations of retaliation are "completely false." Government lawyers also contend his live-streaming of undercover agents and vehicles could endanger law enforcement. Guevara’s attorneys counter that filming public officials in public spaces is a protected activity.

What's next:

The judge didn’t rule in court Wednesday and gave attorneys on both sides a week to file additional legal briefs.

Big picture view:

The case has drawn widespread attention from journalism and press freedom groups, as well as local officials in Georgia. Guevara, who fled violence in El Salvador two decades ago, built his career at Mundo Hispanico before launching his own outlet, MG News. He has become known in the Hispanic community for quickly arriving at scenes involving ICE and police activity.