Atlanta Journalist’s Detention Raises Press Freedom Questions
The Mario Guevera detention case has stretched past three months, even after protest charges were dropped and an immigration judge granted bond. ICE continues to hold the Atlanta-based reporter while the BIA reopened his case and issued a final removal order, alarming press freedom and immigrant-rights advocates.
Atlanta-based journalist Mario Guevera has remained in immigration detention for more than three months despite criminal charges related to a June protest being dropped, raising questions about immigration enforcement, press freedoms, and the intersection of reporting and public safety.
Guevera, who was arrested while livestreaming police activity during a “No Kings” protest in Atlanta, faced charges that were subsequently dismissed. An immigration judge later granted him bond, but federal authorities have not released him, citing concerns about public safety.
In addition, the Board of Immigration Appeals reopened Guevera’s case and issued a final removal order, placing him at risk of deportation to El Salvador, the country he left years ago citing safety concerns.
In a GoFundMe post promoted by his news outlet on September 28, Guevera described his experience in detention, saying he spent 70 days in solitary confinement and experienced sleep disturbances and depression. He wrote that his dedication to journalism has cost him his freedom and that he is facing separation from his family.
“Today is my 48th birthday, and I never thought I’d spend it behind bars like a criminal,” Guevera wrote.
Guevera’s case has drawn attention from civil liberties organizations and advocacy groups, who argue that his detention highlights challenges facing immigrant journalists in the United States. The American Civil Liberties Union (ACLU) has called for his release and said that enforcing detention in this case could have implications for journalists reporting on public events.
“Mario Guevera’s situation illustrates the need to protect journalists, including those who are noncitizens, when they are covering public protests and law enforcement activity,” an ACLU spokesperson said.
Supporters of Guevera have organized petitions and outreach efforts calling on Immigration and Customs Enforcement (ICE) to allow his release. They note that the charges against him were dropped and that an immigration judge approved bond, yet he remains in custody. Family members have also spoken publicly about the difficulty of being separated from Guevera during the ongoing proceedings.
Immigration officials have declined to provide extensive details about the decision to keep Guevera detained. In a statement, an ICE representative said, “Detention decisions are based on the agency’s assessment of public safety and flight risk. We do not comment on pending cases.”
Guevera’s son, Oscar Guevera Saenz, promoted the GoFundMe campaign and expressed concern about his father’s detention. In a post to his father’s verified Facebook account, he wrote that Guevera’s detention is affecting the family and described it as an attempt to silence reporting on immigration enforcement.
“It’s been more than three months since your initial arrest. If ICE facilities are ‘overflowing’ with people, why haven’t they deported you yet? Because they have NO. REASON. TO. No evidence. And if they do come up with something to deport you, it’s all good. You’ll work from El Salvador and keep exposing these heinous arrests they keep making without reason,” said Oscar.
Legal experts have noted that recording police activity in public is generally protected under the First Amendment, though they also emphasize that immigration authorities may apply a range of criteria when making detention decisions. Guevera’s supporters say that his work as a journalist, focused on immigration and law enforcement reporting, including livestreaming public protests, has been mischaracterized in official statements.
The reopening of Guevera’s case by the Board of Immigration Appeals adds complexity to his situation. Previously closed, the file was revisited after the dropped charges and bond approval, resulting in a final order of removal. Legal advocates have said they are reviewing potential avenues for appeal and relief.
“Cases like this highlight the tension between immigration law enforcement and constitutional protections for free speech,” said a legal analyst familiar with the matter. “The outcome could influence how similar cases are handled in the future.”
Guevera’s detention has prompted local and national reporting on the status of immigrant journalists, the procedures governing ICE custody, and the discretion exercised by immigration courts. Civil liberties organizations are monitoring developments closely and preparing additional legal filings, while supporters continue outreach campaigns to raise public awareness.
For Guevera’s family, the situation remains uncertain. While legal proceedings continue, they have expressed concern over the ongoing separation and hope for a resolution that would allow him to return home. Advocacy groups are emphasizing the importance of due process and transparency in immigration detention and enforcement decisions.
As legal motions move forward and public attention persists, the case of Mario Guevera raises broader questions about the treatment of immigrant journalists covering public events, the discretion of immigration authorities, and the mechanisms available to individuals challenging removal orders.
The situation also underscores ongoing challenges faced by families navigating the U.S. immigration system, including delays and uncertainty regarding legal status.
“‘The land of the free…’ We can forget about that,” said Guevara’s son Oscar. “It’s like Nazi Germany all over again.”
At stake is not only Guevera’s immediate future but also how the legal system navigates the overlapping concerns of public safety, press freedom, and immigration enforcement.
Jasmine McBride welcomes reader responses at jmcbride@spokesman-recorder.com.