In a scathing order filed Monday, a federal judge in Orlando documented his decision releasing a Venezuelan high school student from Immigration and Customs Enforcement detention at the Orange County Jail.
"In this country, we don’t enforce the law by breaking the law," wrote U.S. District Judge Roy Dalton Jr.
The student -- Javier Gimenez Rivero -- had come to America across the Mexican border as a minor with his parents over four years ago, according to Dalton’s order. He has a pending asylum application and other paperwork, including a work authorization.
But he was arrested Jan. 7 by an Orange County sheriff's deputy for being "undocumented," according to the court order, and was held without charges, a warrant or a hearing.
His family sued the jail and federal government, and Dalton ordered him released last week.
"He's a legal immigrant here with documents, and was arrested for nothing. There was not even a traffic infraction," one of his lawyers, Josephine Arroyo, told the Orange County Commission on Tuesday.
Dalton wrote that his order resolves "one of the many cases flooding the courts in which the Government unlawfully detained a noncitizen who has been present in this country for years."
The court doesn’t have the power to impede removal procedures, he wrote, but "does have the power to ensure that the Government follows the law when it detains people."
He found that Immigration and Customs Enforcement incorrectly applied a statute allowing mandatory detention for certain noncitizens entering the country to one who is already here.
The statute that applies to Gimenez Rivero requires a bond hearing.
Under the ruling, he is free until at least Feb. 2. If he’s detained after that, he must have a bond hearing within 10 days before an immigration judge.
His attorney said that what’s happening at the jail is “unlawful, unconstitutional and deeply harmful to our community.”
"Since that ruling," Arroyo said, "we have filed nine additional petitions for writ of habeas corpus and temporary injunctions against your jail. And ... temporary restraining orders have already been issued."
Orange County Mayor Jerry Demings responded later by saying the county wanted to hear the concerns raised by Arroyo and other members of the public.
"If there's anyone in our jail that is being mistreated and our staff knows about it," he said, "we will hold them accountable."
Judge Dalton in his order said the government tried to sidestep the court by starting a removal proceeding and then arguing it now lacked jurisdiction.
He ordered the U.S. Attorney’s Office to show cause why it shouldn’t be sanctioned for the way it presented an argument already rejected by other judges around the country.
