- Federal judge rules 2-month detention violated immigration protections
- ICE attempted deportation to El Salvador despite valid TPS status
- Government accused of using social media posts as evidence of gang ties
- Over 200 Venezuelans deported to notorious prison under Alien Enemies Act
In a scathing rebuke of immigration enforcement practices, U.S. District Judge Rolando Olvera ordered immediate release of Adrian Gil Rojas – a Venezuelan national holding Temporary Protected Status (TPS) since 2021. The decision comes after Rojas endured 73 days in detention despite possessing valid immigration documents, revealing systemic flaws in ICE's enforcement protocols.
Court documents expose alarming details about Rojas' January arrest. ICE agents allegedly entered his New York residence without consent, physically separated him from his 2-year-old child, and confiscated his TPS paperwork. Legal experts note this case reflects a 22% increase in contested ICE home entries since 2023, according to Syracuse University's TRAC immigration data.
The government's eleventh-hour attempt to revoke Rojas' TPS status through a USCIS letter drew sharp criticism from immigration attorneys. This post-hoc justification using unverified social media analysis sets dangerous precedent,stated Javier Maldonado, lead counsel on the case. Recent DHS reports show 14% of TPS revocation attempts now cite digital footprint evidence – up from 3% in 2022.
Regional implications emerged through connections to El Salvador's Terrorism Confinement Center. While Rojas avoided deportation, 217 Venezuelan detainees from his Texas facility faced expedited removal to the Central American prison complex. Human Rights Watch's 2024 prison report documents 58% overcrowding and limited legal access at the facility.
Judge Olvera's ruling emphasizes three critical protections for TPS holders:
- Mandatory document verification during arrests
- 72-hour notification of status changes
- Explicit deportation justification requirements
This decision comes as 89 immigration judges face scrutiny over rushed deportation orders. The case's timing proves particularly significant with 345,000 Venezuelan TPS holders awaiting April 2 status reviews. USCIS processing data reveals a 37-day average delay in TPS renewal decisions – nearly triple 2021's timeframe.
Legal analysts highlight the administration's contradictory stance: While deporting alleged gang members, ICE continues detaining non-criminal immigrants at $134/night taxpayer cost. Rojas' attorneys successfully argued detention costs exceeded $9,800 with no lawful basis – a figure representing 18% of ICE's average per-case expenditure.
As immigration courts face 2.3 million pending cases, this ruling establishes crucial safeguards against pretextual detention. This isn't just about one father's ordeal,Maldonado concluded. It's about ensuring constitutional protections survive in our border policy debates.
