Venezuelan Migrant Released After Judge Rules ICE Detention Violated Constitutional Rights
A Venezuelan migrant whose detention by Immigration and Customs Enforcement sparked mass protests has been released after seven months in custody, following a federal judge's ruling that his constitutional rights were violated.
Joswar Torres, 29, who had been granted humanitarian parole in the United States and had a pending asylum application, was detained in June 2025 during what should have been a routine check-in at the Department of Homeland Security office in Spokane, Washington.
Mass Protests and Legal Fallout
The case gained national prominence when nearly 2,000 protesters attempted to block an ICE transport vehicle carrying Torres and another migrant to Tacoma. While mostly peaceful, the demonstration saw some confrontations, including a government vehicle having its windshield smashed and tire slashed.
In a significant development, federal prosecutors subsequently brought conspiracy charges against nine demonstrators, including Afghanistan war veteran Bajun Mavalwalla, who faces up to six years imprisonment if convicted.
Judicial Intervention and Constitutional Protections
U.S. District Court Judge James Robart, appointed by George W. Bush, ruled that DHS officials failed to consider Torres' individual circumstances before detaining him, constituting "an abuse of DHS discretion" and violating legal prohibitions on agency action.
"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."
Prosecutorial Resistance and Resignation
The case prompted unusual resistance within the justice department itself. Richard Barker, a career prosecutor, resigned as acting U.S. attorney for eastern Washington rather than sign the indictments against protesters.
"No one was hurt," Barker stated. "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."
Broader Implications for Immigration Enforcement
Legal experts note this case represents part of a broader pattern, with more than 300 federal judges having ruled against the Trump administration's efforts to detain individuals with pending deportation proceedings. According to Politico, judges have ordered release or bond hearings in more than 1,600 cases.
Immigration attorney Brian McGoldrick, who has successfully used similar legal arguments, reported that before June 2025 he rarely filed habeas corpus petitions but now does so approximately five times weekly.
Community Response and Ongoing Legal Battles
Ben Stuckart, former president of the Spokane city council who organized the initial protest, reached a plea agreement in December, receiving 18 months probation for felony conspiracy to impede a federal officer.
Following Torres' release, Stuckart posted celebratory photographs and expressed gratitude to protesters, stating: "The publicity made it possible to raise funds for his defense ... He would not have been released without the actions of thousands of his fellow community members!!!"
Torres himself expressed profound gratitude, saying: "I thank God for allowing me to be free ... Please don't stop supporting us, because without your support I would not have made it."
Administration Response and Continuing Controversy
DHS assistant secretary Tricia McLaughlin defended the administration's approach, stating: "The Trump administration is not going to ignore the rule of law and will continue to fight for the arrest, detention and removal of aliens who have no right to be in this country."
Meanwhile, Stuckart described Torres' account of difficult conditions during his seven-month detention, including long delays for medical care and irregular meal times, with dinner sometimes served as late as 1 a.m.
Looking Forward
The legal proceedings continue for the charged protesters, with Mavalwalla's conspiracy trial scheduled to begin in Spokane on 18 May. The case highlights ongoing tensions between immigration enforcement practices and constitutional protections, with significant implications for how the United States balances security concerns with fundamental rights.
As Stuckart noted: "There are thousands more people being detained wrongfully right now that do not have those resources. What happened seven months ago in Spokane was a canary in a coalmine and it keeps getting worse."
