Guatemalan Man’s Detention Highlights Issues with ICE and Court Orders

A Missed Milestone

In a challenging turn of events, a Guatemalan man named Freddy Cortez Lugos missed the birth of his first child as a result of delays in his release from Immigration and Customs Enforcement (ICE) custody. Despite a federal court order for his immediate release, ICE held Cortez Lugos for several days.

U.S. Magistrate Judge Karen E. Scott of the U.S. District Court for the Central District of California ruled that ICE had violated procedural protections when it re-detained Cortez Lugos during a routine check-in. The judge ordered Cortez Lugos’ immediate release. However, ICE retained custody until the evening of May 4, causing him to miss his son’s birth, which occurred on May 1.

Legal Battles and Policy Tension

The case underscores the ongoing tensions between the judiciary and the government’s immigration policies. Concerns grow over whether ICE abides by court directives and respects constitutional protections for those released under parole or supervision. The Department of Homeland Security (DHS) stated that Cortez Lugos had allegedly violated his ICE check-in requirements, which led to his arrest on April 14.

Unlawful Detention

Judge Scott partially supported a habeas corpus petition filed for Cortez Lugos. She determined ICE’s re-detention during a check-in was unlawful, as it occurred without proper notice or an individual hearing required by constitutional due process.

Cortez Lugos had been residing in the U.S. on humanitarian parole since 2024, adhering to reporting requirements and maintaining a clean record. He entered the country through the now-discontinued CBP One program, aimed at allowing migrants to schedule border entry appointments. The court maintained that his parole was for humanitarian reasons, enabling him to work and live in the U.S.

The government argued for mandatory detention due to his status as an “arriving alien,” but the court insisted due process demanded a hearing first. ICE provided no explanation for his sudden re-detention after two years in the community, increasing the risk of liberty deprivation.

The judge ordered Cortez Lugos’ release with a May 5 status report deadline, barring future detentions without notice and a hearing.

Delayed Release and Family Impact

Despite the ruling, Cortez Lugos remained at the Adelanto Detention Facility until May 4. His partner, heavily pregnant at the time, faced complications during labor, attributed to stress, but is now recovering. Their son, weighing 6 pounds, 12 ounces, is healthy.

Family members visiting the facility found officers unaware of the court order or attorney assignment. Kimberly Barajas, related to Cortez Lugos’ partner, recounted her interactions with ICE staff, expressing frustration over the handling of her brother-in-law’s case.

A DHS spokesperson claimed that ICE released Cortez Lugos promptly upon notification. However, Barajas stressed that Cortez Lugos’ detention, shown wrongful by the habeas petition, deprived him of attending his child’s birth.