Spanish journalist Mario Guevara has been in ICE custody for 100 days
Mario Guevara. FOX 5 Atlanta image
ATLANTA - The family of Emmy-winning journalist Mario Guevara says they are heartbroken as he remains in federal custody more than 100 days after his arrest while covering a protest in DeKalb County.
Mario Guevara: 100 in ICE custody
What they're saying:
Just days after the Board of Immigration Appeals ordered him deported to El Salvador, Guevara’s children stood alongside attorneys Tuesday to plead for his release.
"We are heartbroken every single day that he is apart from us," said his son, Oscar Guevara. His daughter, Katherine, added, "We are holding onto hope that the government will do the right thing and release him at once. His place is with his family and his community, not behind bars or facing deportation."
Scarlet Kim, a senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project, said the organization has filed an emergency motion to stop his deportation.
"We continue to fight for Mario's immediate release. And because he is now at risk of immediate deportation. Also, to prevent that from happening," Kim said. She called the case "a true five-alarm fire for press freedom in this country, particularly for non-citizen journalists. But for any journalist who covers law enforcement activity."
The other side:
Federal prosecutors say Guevara’s case is about immigration status, not retaliation for his work.
‘No Kings’ day protest arrest
The backstory:
Guevara, 47, has been held in ICE custody for more than 100 days following his arrest while covering a June 14 "No Kings" protest.
Video from the protest showed Guevara wearing a vest marked "PRESS" and identifying himself as a journalist before Doraville police took him into custody. Local prosecutors later dropped the charges, but ICE kept him detained and has since moved him among several detention centers, most recently Folkston in southeast Georgia.
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On July 1, an immigration judge ordered Guevara released on bond. His family tried to post it, but ICE refused and instead kept him locked up. Last week, the BIA not only denied his bond but also reopened his old case — a move his attorneys say blindsided them.
Guevara’s legal team is seeking a temporary restraining order from federal court in Waycross to block his deportation. The judge has set an Oct. 3 deadline for ICE, the Department of Homeland Security, and Attorney General Pam Bondi to respond. Until then, advocates warn, he could be deported at any moment.
The press conference will be attended by Guevara's children – Katherine and Oscar; Scarlet Kim, senior staff attorney for ACLU; Andres Lopez Delgado, senior staff attorney for ACLU; Clare R. Norins, clinical associate professor and First Ammendment Clinic
September 21 marked Guevara’s 100th day in detention. In a letter from inside, he said he remained committed to reporting on stories that matter to his community despite the risks.
What's next:
The government is expected to respond to the new motion this week.
The Source: Information about the press conference was provided by the ACLU. This article has been updated since it was originally published to reflect that the press conference has taken place.