Federal Judge Mandates Release of Minneapolis Asylum Seeker After 50 Days of Unlawful ICE Detention
In a landmark ruling, a federal judge has ordered Immigration and Customs Enforcement (ICE) to release a Minneapolis man and asylum seeker, Elvis Joel TE, who has been unlawfully detained for 50 days. The case has ignited widespread public outrage due to the circumstances of his arrest, which involved his two-year-old daughter and occurred without a warrant.
Arrest and Detention Details
Elvis Joel TE was arrested on January 22 during aggressive ICE raids in Minneapolis. According to court filings, he was detained with his two-year-old daughter while returning home from a store. Despite a court order prohibiting their transfer out of Minnesota, ICE quickly flew both to Texas. The toddler was released to her mother the following day after a judge's intervention, but Elvis TE, an asylum seeker from Ecuador, remained in custody despite having a pending asylum case.
Judge's Ruling and Legal Basis
Federal Judge Katherine Menendez ruled on Friday that there was no legal basis to keep Elvis TE detained, stating he was "not properly detained" under the laws cited by the government. The judge noted that Elvis TE was apprehended by US border patrol agents near Brownsville, Texas, in May 2024 after crossing the border and claiming asylum. He was subsequently granted humanitarian parole, allowing him to stay in the US while his asylum application was processed.
The government argued for continued detention until his case was adjudicated, but Judge Menendez rejected this, emphasizing that he was not subject to mandatory detention and that agents lacked a warrant for his arrest. The ruling mandates his release by no later than Sunday.
Harsh Circumstances of the Arrest
Lawyers described the arrest as particularly cruel and unjustified. An affidavit from one of his attorneys detailed that ICE agents entered their backyard and driveway without a warrant, breaking the car window while the girl was inside. The mother was at the home's door, calling out as Elvis TE tried to bring their child to her. Agents allegedly refused to allow him to hand over his daughter to family members inside the home.
The father and toddler were then placed in an ICE vehicle without a carseat. The arrest sparked protests, with reports indicating that agents used chemical irritants and flash-bang devices for crowd control, according to a Department of Homeland Security spokesperson.
Legal and Family Impact
Soon after the arrest, lawyers filed an emergency petition for release. Judge Menendez issued an order prohibiting their transfer out of state and ordered the girl's immediate release due to "risk of irreparable harm," noting she had no criminal history. However, the government placed them on a flight to Texas about 20 minutes after the ruling, violating the court order. They were flown back to Minnesota the next day, but Elvis TE remained detained.
Chelsea Walcker, chief legal officer of Groundwork Legal and one of Elvis TE's lawyers, stated, "Our client was torn from his family and has been unlawfully detained for 50 days, and it has absolutely gutted him." She highlighted the misuse of government authority, including the broken car window, warrantless arrest, and violation of court orders.
Severe Toll on the Family
The emotional toll on the family has been severe. Walcker described how the two-year-old girl was separated from her mother during the chaotic arrest and had to be pried from her father's arms to be returned home. "That will be imprinted on her for the rest of her life. That is something no child should ever have to experience," she said.
Broader Implications and Context
Walcker expressed gratitude for the judge's ruling but noted that many other families do not get such opportunities. Unlike Elvis TE, others arrested by ICE in Minnesota have been transferred out of state before securing legal representation, making it harder to challenge their detention. This case occurred the same week ICE detained five-year-old Liam Conejo Ramos, whose photos sparked global backlash, leading to his release after advocacy efforts.
"Families are being taken from the streets and disappeared from their workplaces and communities," Walcker said. "Lives are being torn apart, and the government must be held accountable." DHS and Department of Justice spokespeople did not immediately respond to inquiries. At the time of arrest, a DHS spokesperson called Elvis TE an "illegal immigrant" and claimed he was driving erratically, with the mother refusing to take the child.
