Federal Judge Orders Immediate Release of Minneapolis Asylum Seeker After 50 Days in ICE Custody
A federal judge has mandated the release of a Minneapolis man and asylum seeker who has been unlawfully detained by Immigration and Customs Enforcement for fifty consecutive days. The ruling, delivered on Friday by US Judge Katherine Menendez, determined there was no legal basis to maintain the custody of Elvis Joel TE, an Ecuadorian national with a pending asylum application.
Controversial Arrest Sparks Widespread Outrage
The case ignited significant public anger after Elvis TE was arrested on January 22nd during heightened ICE operations in Minneapolis. Agents apprehended him alongside his two-year-old daughter as they returned home from a store outing, despite lacking an arrest warrant. Lawyers described the circumstances as particularly cruel, alleging agents entered the family's backyard and driveway without authorization, breaking the car window while the child was inside.
The mother, standing at the home's door, witnessed officers refusing to allow Elvis TE to bring their daughter to safety, according to legal affidavits. Both father and toddler were then placed in an ICE vehicle without appropriate child safety seating.
Judicial Intervention and Government Defiance
Judge Menendez issued an emergency order the evening of the arrest, prohibiting the government from transferring the pair out of Minnesota and mandating the immediate release of the toddler due to "risk of irreparable harm." Remarkably, approximately twenty minutes after this ruling, ICE placed both individuals on a flight to Texas—a direct violation of the judicial order.
While the daughter was returned to her mother in Minnesota the following day, Elvis TE remained detained despite his humanitarian parole status, granted after he claimed asylum upon crossing the border near Brownsville, Texas in May 2024. The government argued for continued detention pending case adjudication, but Judge Menendez rejected this, noting he wasn't subject to mandatory detention and his initial arrest lacked proper warrant authorization.
Severe Family Trauma and Legal Accountability
Chelsea Walcker, chief legal officer of Groundwork Legal and one of Elvis TE's attorneys, described the profound toll on the family. "Our client was torn from his family and has been unlawfully detained for 50 days and it has absolutely gutted him," she stated. The two-year-old girl experienced traumatic separation from both parents during the chaotic arrest and subsequent legal proceedings, requiring lawyers to temporarily assume custody to reunite her with her mother.
Walcker emphasized the systemic issues highlighted by this case: "Misuse of government authority was evident at every step. They broke his car with his two-year-old daughter inside. They arrested him without a warrant. They put him on a plane in violation of a court order. Then they held him unlawfully for months." She noted that unlike Elvis TE, many other ICE detainees in Minnesota are transferred out of state before securing legal representation, severely hindering their ability to challenge detention.
Broader Pattern of Immigration Enforcement Actions
This arrest occurred during the same week that ICE detained five-year-old Liam Conejo Ramos, whose custody photos generated international condemnation. Both cases reflect what Walcker describes as families being "taken from the streets and disappeared from their workplaces and communities." The Department of Homeland Security initially labeled Elvis TE an "illegal immigrant" and claimed erratic driving, while alleging the child's mother refused to take her—statements contested by legal representatives.
Judge Menendez ordered Elvis TE's release by no later than Sunday, marking a significant judicial rebuke of ICE's handling of the matter. However, Walcker cautioned that "so many other families never get this chance," underscoring ongoing concerns about immigration enforcement practices and accountability.
