Mario Guevara was arrested in June at a immigration protest. (Gwinnett County Police
BRUNSWICK, Ga. - A federal judge in the Southern District of Georgia will hear arguments Wednesday on whether Atlanta-area journalist Mario Guevara should be released from U.S. Immigration and Customs Enforcement (ICE) custody.
Arrested while covering protest
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.
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New petition filed
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.
"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.
Prosecutors deny claims
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 livestreaming of undercover agents and vehicles could endanger law enforcement. Guevara’s attorneys counter that filming public officials in public spaces is a protected activity.
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.
What's next:
Following Wednesday’s hearing, Guevara’s family, advocates, and attorneys plan to hold a press conference outside the courthouse. The event will also be livestreamed for virtual attendees.