A federal judge in Denver has ordered the release of Nestor Gutierrez, an immigrant detained for five months, and criticized the policy of Immigration and Customs Enforcement (ICE) that denies bail hearings to undocumented residents. U.S. District Court Judge Regina M. Rodriguez stated that this policy “likely violates federal law,” marking a significant legal challenge to recent ICE practices.
The ruling, issued late on November 3, 2023, prevents ICE from deporting or transferring Gutierrez and other similar detainees while a lawsuit progresses. Gutierrez, a native of El Salvador, has lived in the Denver area since 1999 and was arrested in May 2023. The judge emphasized that immigrants like Gutierrez, who have resided in the U.S. for years, should be eligible for bail hearings, a right that has been effectively stripped away under recent administrative directives.
Judge Rodriguez’s ruling highlights a broader legal trend. Across the nation, 36 courts have rejected ICE’s interpretation of immigration law regarding bail hearings for long-term residents. This increasing judicial pushback reflects growing concerns over the treatment of immigrants and the expansion of detention practices, particularly during the Trump administration, which has seen a surge in immigration arrests.
During court proceedings, it became evident that some detainees were opting to request their own removal rather than continue fighting their cases. Many have previously filed for asylum but felt pressured to abandon their claims due to the uncertainty of their detention status.
Gutierrez’s legal representation, including the American Civil Liberties Union (ACLU) of Colorado, filed the lawsuit on his behalf. They argue that the new ICE policy is designed to keep immigrants in detention, effectively coercing them into seeking their own deportation or ceasing to challenge removal orders. After the judge’s order, Gutierrez was initially not released by ICE, but he was finally freed on the morning of November 4, 2023, pending a bail hearing.
In her order, Judge Rodriguez pointed out that Gutierrez serves as his family’s primary financial provider, underscoring the human impact of his detention. She stated, “What is unique to Mr. Gutierrez… is that he is being unlawfully detained without bond.” This ruling emphasizes that if given a bond hearing, Gutierrez would likely be granted conditional release, allowing him to prepare for his future while his immigration case unfolds.
The implications of this ruling extend beyond Gutierrez. It effectively bars ICE from deporting immigrants or moving them to other facilities where legal challenges to the bail policy may not exist. As the legal battle continues, Gutierrez’s case may set a precedent for similar challenges across the country.
Meyer, one of Gutierrez’s attorneys, expressed optimism about the ruling, stating, “The most important thing is that the court agreed with us that ICE’s interpretation of the law is incorrect.” The ACLU plans to return to court in mid-November to seek class-action status for the lawsuit, aiming to challenge the legality of ICE’s bail policy on a broader scale.
As this case unfolds, it highlights ongoing tensions surrounding immigration enforcement and the rights of long-term undocumented residents in the United States. With the ruling adding to a growing body of judicial opposition to ICE’s policies, many are watching closely to see how this will shape future immigration proceedings.
