Venezuelan Asylum Seeker Released After Judge Rules ICE Detention Unconstitutional
A Venezuelan migrant whose detention by Immigration and Customs Enforcement (ICE) ignited widespread protests and legal controversy has been freed after seven months in custody. Federal Judge James Robart ruled that the detention violated Joswar Torres's constitutional rights, marking a significant rebuke of immigration enforcement practices.
Mass Protests and Legal Fallout
Joswar Torres, 29, was detained in June 2025 during a routine check-in at the Department of Homeland Security office in Spokane, Washington, despite having humanitarian parole and a pending asylum application. His arrest sparked a protest involving nearly 2,000 people, with demonstrators attempting to block an ICE transport vehicle carrying Torres and another migrant to Tacoma.
The protest resulted in 30 arrests and later prompted federal prosecutors to bring conspiracy charges against nine demonstrators. Legal experts described this as an escalation in the Trump administration's approach to protest-related cases, with prosecutors seeking up to six years imprisonment for some defendants.
Judicial Rebuke of Immigration Enforcement
In his ruling, Judge Robart, a George W. Bush appointee, determined that DHS officials failed to consider Torres's individual circumstances before detaining him. The judge concluded the arrest "constitutes an abuse of DHS discretion" and violates legal prohibitions against agency actions that are "not in accordance with law."
"All persons, regardless of their immigration status, are entitled to due process under the fifth amendment," Judge Robart wrote in his decision. "The due process clause applies to all 'persons' within the United States, including noncitizens, whether their presence here is lawful, unlawful, temporary or permanent."
Prosecutorial Resistance and Ongoing Cases
The case prompted unusual resistance within the justice department. Richard Barker, a career prosecutor and acting U.S. attorney for eastern Washington state, resigned rather than sign the indictments against protesters. "No one was hurt," Barker said. "You have people who were executing their rights to free speech. You have people who were seeing an injustice and they were saying something about it."
Among those facing charges is Bajun Mavalwalla, an Afghanistan war veteran who could receive six years imprisonment if convicted. He has pleaded not guilty and intends to take his case to trial. Ben Stuckart, former president of the Spokane city council who organized the protest, reached a plea agreement in December for felony conspiracy to impede a federal officer in exchange for 18 months probation.
Broader Implications for Immigration Enforcement
Immigration attorney Brian McGoldrick noted that before June 2025, he rarely filed habeas corpus petitions, but now does so about five times weekly. The Trump administration's argument that federal courts lack authority to review such petitions has been repeatedly rejected by judges nationwide.
According to a Politico report from January, more than 300 federal judges have ruled against the administration's effort to detain individuals with pending deportation proceedings, ordering release or bond hearings in over 1,600 cases. A national database reveals more than 17,000 habeas corpus petitions filed during the second Trump administration.
Contrasting Perspectives on Detention Conditions
Torres described difficult conditions during his seven months at ICE's Tacoma facility, including long delays for medical care and meals that alternated between frozen and raw meat, with dinner sometimes served as late as 1:00 AM.
DHS assistant secretary Tricia McLaughlin countered that "all detainees are provided with three meals a day, clean water, clothing, bedding, showers and toiletries, and have access to phones to communicate with their family members and lawyers." She added that medical, dental and mental health services are available, including 24-hour emergency care.
Community Response and Continuing Challenges
Following his release, Torres expressed gratitude, saying he wanted to "thank everyone for the support – not only toward me, but toward all the immigrants in this country. Please don't stop supporting us, because without your support I would not have made it."
Stuckart, who posted a celebratory photo with Torres after his release, acknowledged the broader implications: "We are glad to have Joswar back in Spokane and can only thank the thousands of people that protested and the over 500 that subsequently contributed to his legal defense fund, but there are thousands more people being detained wrongfully right now that do not have those resources."
The justice department continues to pursue conspiracy charges against protest participants, with Mavalwalla's trial scheduled to begin in Spokane on May 18. The case highlights ongoing tensions between immigration enforcement, constitutional protections, and protest rights in contemporary America.
