For Immediate Release
March 28, 2025
Contact:
National Immigration Project, media@nipnlg.org
Amnesty International USA, media@aiusa.org
Migrant Solidarity Mutual Aid, core@dcmigrantmutualaid.org
Washington, DC – Today, a federal judge ordered the immediate release of a Venezuelan couple who was unlawfully detained by U.S. Immigration and Customs Enforcement (ICE) despite having Temporary Protected Status (TPS), which legally shields them from detention.
The couple, Cesar and Norelia (identified by their middle names), was first arrested by Customs and Border Patrol Agents on March 10 on a federal misdemeanor charge of unlawful entry, two and a half years after the crossing in question. Even though a federal judge ordered that the couple be released from custody, the U.S. Marshals handed the couple directly to ICE, who detained them on March 13th. ICE also ultimately released them that same day. They were suddenly and tragically re-arrested on March 21st, in the presence of their 4-year-old son, without a warrant and under vague and unfounded allegations of gang affiliations.
“I was arrested not once, but twice, both times with my children watching. Right now, we are totally traumatized, but we give thanks to all those who helped with our case, and thankful we are home,” shared Norelia (full statement below).
Within hours of the couple’s second detainment, the National Immigration Project filed a habeas corpus petition arguing that the couple must be immediately released due to their unlawful detention, as the government may not detain TPS holders on the basis of their immigration status. Amnesty International also immediately issued an urgent action, a global tool that is used to defend people under immediate threat of grave human rights abuse which resulted in thousands of people around the world calling upon the US Government to immediately release the couple. Amnesty International research has determined that immigration policies of separating families can amount to torture and other cruel, inhuman or degrading treatment or punishment because they cause severe mental suffering.
Prior to the district court hearing held this morning, the government introduced a deficient and baseless declaration alleging gang affiliation. At the hearing, the Judge called the government’s declaration “the sorriest statement [she] has ever seen,” and ordered the couple released immediately. "If this were before me in a criminal case and you were asking to get a warrant issued on this, I'd throw you out of my chambers," the Judge continued. The couple walked out of the courtroom, free of their second unlawful detention.
“I feel deeply affected by the psychological trauma they put my family through… my wife, and my son when they pulled him out of my arms,” shared Cesar (full statement below). “We are very scared because we are still in the middle of the process. I am afraid that they will separate us from our children. The fear does not end yet because we are still in this.”
Yulie Landan, Justice Catalyst Fellow at the National Immigration Project and lead lawyer on the case, said, "Cesar and Norelia should never have been detained in the first place. As individuals with Temporary Protected Status (TPS), they are legally shielded from detention—yet ICE arrested them not once, but twice. This ruling reaffirms that no administration can trample on due process or detain people unlawfully. We celebrate this victory, but we remain vigilant to ensure that no one else endures the same unjust treatment."
Amy Fischer, Director of Refugee and Migrant Rights at Amnesty International USA, said, “Cesar and Norelia are back home with their three children, who they should have never been separated from. This couple's arrest is yet another example of the Trump Administration flouting the rule of law and violating human rights based solely off of racist lies about our Venezuelan neighbors. This Administration is running on a deadly combination of racism and a clear lack of understanding of how the law works in the U.S. that has real life consequences. Amnesty International will continue to stand by Cesar and Norelia's family as they bravely fight for their human rights.”
Madhvi Bahl, core organizer with Migrant Solidarity Mutual Aid, said, “At this point, two separate federal judges have ordered Cesar and Norelia released, with Judge Harvey rejecting the government’s claim that they were a flight risk, and Judge Brinkema referring to the government’s accusations of gang affiliations as “editorializing” and “terrible”. While we are grateful that Cesar and Norelia are home with their family and community, we know that the fight for their freedom, and the freedom of all those targeted by the Trump Administration’s dangerous new immigration enforcement schemes, is not over.”
Full statements from the family:
NORELIA:
I am devastated by the false accusations that the government raised against me, saying that I was part of a gang. I was arrested not once, but twice, both times with my children watching. Right now, we are totally traumatized, but we give thanks to all those who helped with our case, and thankful we are home.
It was hard what happened and this process is not over. I think about the fear that my son had when they arrested me and they did not care about that. There are people still inside who do not have the support that we had and they are saying that we are gang members. It's not because you're from Aragua that you're a gang member. Venezuela is very big and it is not my fault that I was born in that state.
We have obeyed the law here, doing the paperwork, taking care of our children and working hard. My children study, my husband works, I work.
CESAR:
I feel deeply affected by the psychological trauma they put my family through… my wife, and my son when they pulled him out of my arms. And it was not just one arrest, but already the second time they arrested us. It's not right what they put us through, it was very difficult, a bad time. I want to thank those who helped us in this case. I am grateful to God and them.
We found out in court what they were accusing us of. They never told us anything before. We didn’t know what was going on. I didn't understand why we were doing this when we followed all the rules. We are very scared because we are still in the middle of the process. I am afraid that they will separate us from our children. The fear does not end yet because we are still in this.
GREGORIO, CESAR’S FATHER:
As Cesar's father and Norelia's father-in-law, I give thanks first to God. It was very unfair what they did to my son and daughter-in-law and the trauma they made my grandson go through. I would not like what happened to my son to happen to another family. Thank God Cesar had support. There are people who are here legally and they link them to gangs. That is not true.
Thank God, and thanks to all those who contributed a small grain of sand so that my son could get out of the torment he was experiencing.
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The National Immigration Project is a membership organization of attorneys, advocates, and community members who believe that all people should be treated with dignity, live freely, and flourish. We litigate, advocate, educate, and build bridges across movements to ensure that those most impacted by the immigration and criminal systems are uplifted and supported. Learn more at nipnlg.org. Follow the National Immigration Project on Facebook, X, BlueSky, and Instagram at @NIPNLG.
Amnesty International USA is the U.S. section of Amnesty International, the Nobel Peace Prize-winning global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. The organization investigates and exposes abuses, educates and mobilizes the public, and works to protect people wherever justice, freedom, truth and dignity are denied.
Migrant Solidarity Mutual Aid is a network of community organizations and volunteers who are committed to welcoming migrants in the DC metro area through solidarity, not charity.