Georgia journalist detained by ICE petitions federal court for release
Why it matters: Guevara, a native of El Salvador who faces deportation from the country, is the only journalist in the U.S. currently detained after an arrest in connection with his work as a reporter.
Driving the news: The petition, filed Wednesday in the U.S. District Court for the Southern District of Georgia, notes Guevara is being held in solitary confinement for 22 hours a day at the Folkston ICE Processing Center.
What they're saying: Scarlet Kim, senior staff attorney with the ACLU, which filed the petition along with other organizations, said Guevara is being detained because of his work as a journalist, which involves livestreaming and recording law enforcement officers.
"His detention on this basis is unlawful and sends a chilling message to other journalists, particularly non-citizen journalists, that they will also face retaliation if they report on public officials," Kim said.
Zoom in: In the petition, Guevara's lawyers said the government claimed he was a danger to the community because he owned a firearm, recorded law enforcement, and disobeyed orders to stay out of the roadway while covering the DeKalb County protest.
Not only is filming the police protected speech, but county investigators determined Guevara, who lives in Lilburn, did not defy police orders and did not intend to "disregard law enforcement directives," according to the petition.
Catch up quick: Guevara, a prominent Spanish-speaking journalist who runs independent media outlet MG News, was arrested June 14 and charged with obstruction, pedestrian walking in or along a roadway, and unlawful assembly.
Federal immigration officials placed a hold on his detention at the DeKalb County Jail, meaning they would take him into custody upon his release.
The Gwinnett County Sheriff's Office also charged him with misdemeanor traffic offenses stemming from an incident that happened prior to his arrest. U.S. Immigration and Customs Enforcement detained Guevara on June 18, the petition said.
Both DeKalb and Gwinnett counties later dropped the charges.
An immigration judge ordered Guevara released on a $7,500 bond, but the federal government has appealed that ruling, so he remains held at Folkston.
The fine print: Guevara has lived in the U.S. since 2004 and has three children. Two of those children are U.S. citizens, and one requires long-term medical care.
Giovanni Diaz, his attorney, previously told Axios that Guevara has authorization to work in the U.S. and is in the process of obtaining his green card.
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