Mario Guevara. FOX 5 Atlanta image
ATLANTA - Lawyers for a Spanish-language journalist held in federal immigration detention since June argue that the government is retaliating against him for his reporting and violating his constitutional rights, according to The Associated Press.
PREVIOUS STORY: Spanish-language Atlanta journalist Mario Guevara still in ICE custody
What we know:
Mario Guevara, 47, a longtime Atlanta-area journalist, was arrested June 14 by Doraville police while covering a protest. A few days later, U.S. Immigration and Customs Enforcement (ICE) took him into custody. He has been held since then at an immigration detention center in Folkston, Georgia, five hours from his family.
His lawyers filed a petition in federal court late Wednesday, claiming Guevara is being punished for his reporting, including livestreaming video of law enforcement activity. They argue the detention violates his rights to free speech and due process. The petition asks for his immediate release "so that he may rejoin his family and community and pursue his constitutionally protected journalistic activities."
Timeline:
June 14: Guevara arrested by Doraville police while livestreaming a "No Kings" rally protesting the Trump administration. Video showed him wearing a vest labeled "PRESS" and telling officers, "I’m a member of the media, officer." He was standing with other journalists when taken into custody.
June 20: Gwinnett County authorities announced warrants against him on unrelated driving charges, though those were later dropped.
June 25: DeKalb County Solicitor-General dismissed the protest-related charges, saying Guevara’s behavior was "generally in compliance."
Late June: ICE took custody of Guevara, placing him in deportation proceedings.
July 10: Gwinnett County Solicitor-General declined to pursue the traffic-related charges.
Last month: An immigration judge set bond at $7,500, but the order was put on hold after the government appealed.
Aug. 21: The ACLU, ACLU of Georgia, the University of Georgia law school’s First Amendment Clinic and Guevara’s attorneys filed the federal petition challenging his detention.
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The backstory:
Guevara fled El Salvador two decades ago after facing violence and harassment for his journalism there. In Georgia, he built a career with Mundo Hispanico before launching his own outlet, MG News, last year. Known for arriving quickly at scenes where ICE or police are active, he often livestreams events on social media, giving him a large following in Atlanta’s Hispanic community.
The other side:
The Department of Homeland Security disputes claims that Guevara is being targeted for his work. "Accusations that Mario Guevara was arrested by ICE because he is a journalist are completely FALSE," DHS spokesperson Tricia McLaughlin said in an emailed statement. She said he was placed in deportation proceedings because he is in the country illegally.
His attorneys counter that Guevara has work authorization, a pending visa petition, and is eligible for a green card. A previous immigration case was closed more than a decade ago.
Government lawyers have argued that Guevara’s reporting — including posting videos of undercover agents and vehicles — makes him a danger to the community. His lawyers say filming law enforcement in public is a protected First Amendment activity.
The Department of Justice declined to comment.
What they're saying:
"Mr. Guevara is a pillar of the Hispanic community in the Atlanta area, and his relationships with the Hispanic community, law enforcement, and civic and religious organizations allow him to serve as a bridge between various stakeholders in his community," the federal petition states.
Criticism of Guevara’s arrest and detention has come from journalism groups, press freedom advocates, and public officials in Georgia. His adult children have also spoken out, calling for his release.
What's next:
The federal court in Brunswick will consider the petition filed by Guevara’s lawyers. If granted, he could be released to his family while his immigration case continues. Until then, he remains in detention, unable to report or continue his work as a journalist.