ACLU Asks Court to Free Journalist at Risk of Swift Deportation to El Salvador

The ACLU is asking a federal district court in Georgia to order the immediate release of Mario Guevara, a journalist arrested while covering a June "No Kings" protest, after the Board of Immigration Appeals on Friday ordered his return to El Salvador.

The Emmy-winning Spanish-language journalist has reported on immigrant issues in the Atlanta area for two decades. When he was arrested on the job this year, he had a work permit and a path to a green card through his US citizen son. The charges from June have been dropped, but he remains at the US Immigration and Customs Enforcement (ICE) center in Folkston.

ICE refused to comply with a July 1 decision that Guevara could be released on bond. The Board of Immigration Appeals has now dismissed his bond appeal "as 'moot' because it has also granted the government's motion to reopen his removal proceedings," according to the ACLU—which secured an emergency federal district court hearing on Friday.

"Mr. Guevara should not even be in immigration detention, but the government has kept him there for months because of his crucial reporting on law enforcement activity," said Scarlet Kim, senior staff attorney with the ACLU's Speech, Privacy, and Technology Project. "The fact that he may now be put on a plane to El Salvador, a country he fled out of fear, at any moment, despite a clear path to becoming a permanent resident, is despicable. The court must ensure he is not deported and should order his release from detention immediately."

"The fact that he may now be put on a plane to El Salvador, a country he fled out of fear, at any moment, despite a clear path to becoming a permanent resident, is despicable."

In a letter published Friday by The Bitter Southerner, Guevara detailed his experience since his arrest and wrote: "I don't know why ICE wants to continue treating me like a criminal. It pains me to know that I have been denied every privilege and the right to be free when I have never committed any crime."

"This whole situation has me devastated, and not only morally, but also economically, because I am the breadwinner for the home," he explained. "Since my arrest, I have lost tens of thousands of dollars, and my company, the news channel MGNews, is on the verge of bankruptcy."

"But I have to remain strong and confident that the United States still has some caring and decency left and that in the end justice will prevail," he added. "Hopefully, soon all my tears and my family's tears will be wiped away, and we can have fun and smile, triumphant, as we did before, together and in absolute freedom."

Guevara's legal team and press freedom groups have emphasized that his case is bigger than a single reporter. As ACLU of Georgia legal director Cory Isaacson put it on Friday, "If Mr. Guevara is deported it will be a devastating outcome for a journalist whose initial detention was a gross violation of his rights."

"The immediate release of Mr. Guevara is the only way to correct this injustice that has immeasurably harmed his well-being and the well-being of his family, the community, and the people of Georgia," Isaacson added. "In a democracy, journalists should not be arrested for exercising their constitutional rights to report the news."

Other free press advocates also responded with alarm to the Board of Immigration Appeals' Friday decision.

"We are outraged that journalist Mario Guevara was initially detained for almost 100 days because the government believes that livestreaming law enforcement poses a danger to their operations," Committee to Protect Journalists US, Canada, and Caribbean program coordinator Katherine Jacobsen said in a Friday statement.

"This latest move allows the government to circumvent addressing the reason why Guevara was detained, in retaliation for his journalism," Jacobsen continued. "Instead, authorities are using the very real threat of deportation to remove a reporter from the country simply for doing his job and covering the news."

Tim Richardson, journalism and disinformation program director at PEN America, similarly said that "if carried out, this ruling would mark a dangerous moment for press freedom, with the United States—long considered a beacon for free speech—moving to deport a journalist in direct retaliation for his reporting."

"This mirrors the tactics of authoritarian governments the US has long condemned and sends a chilling message to reporters everywhere, especially those covering vulnerable communities or government abuses of power," he added. "We urge the court to reconsider and to allow Mario Guevara to remain in the country and continue his reporting free from fear of deportation or retaliation."

US President Donald Trump campaigned on the promise of mass deportations, and since returning to power in January, his administration has sought to deliver on that. On Friday, Free Press senior counsel Nora Benavidez warned, "Deportation without due process—that would be the new normal set by Mario Guevara's removal from the United States."

"Horrific and lawless, this is the environment the Trump administration created to promote a singular approved narrative, remove critical news coverage for communities, and chill journalists' freedom should they dare hold power to account," she said. "Mr. Guevara's case is happening live, with breaking updates occurring under a sealed case shrouded in secrecy, upon which his removal and ability to report depend."

Ahead of the developments on Friday, Benavidez had tied Guevara's case to the government's effort to deport Mahmoud Khalil over his protests against Israel's US-backed genocide in Gaza, and Disney yanking late-night host Jimmy Kimmel off the air after the Trump administration objected to his comments about the fatal shooting of right-wing activist Charlie Kirk.

"Mahmoud Khalil was just ordered to be deported for his free speech," she said Thursday. "Mario Guevara is in detention for filming police. Jimmy Kimmel taken off air for his speech. TikTok [is] being bought by Trump cronies. All of it moves towards one singular narrative Trump approves. We must resist."