Judge Delivers Blow to ICE Over ‘Unlawful’ Detention

Oregon State seal at Marion County Circuit Court

Oregon State seal at Marion County Circuit Court, Immigrant supporters outside Sandra Day O’Connor Courthouse, Homeland Security Secretary Kristi Noem press conference, Protesters blocking access to ICE office, People support CARE policy at Ventura City Hall, Asylum seekers waiting in a Phoenix church, Protesters march at immigration detention center

A Mexican immigrant identified as Y-Z-L-H was reportedly detained by ICE for close to a month during the course of an asylum hearing. U.S. District Judge Michael H. Simon ruled that the detention was unlawful and violated Y-Z-L-H’s legal rights. He emphasized that Y-Z-L-H’s temporary legal status remains valid until mid-2025, noting that his prolonged detention was not justified under the law.

Immigrant supporters outside Sandra Day O’Connor Courthouse

Oregon State seal at Marion County Circuit Court, Immigrant supporters outside Sandra Day O’Connor Courthouse, Homeland Security Secretary Kristi Noem press conference, Protesters blocking access to ICE office, People support CARE policy at Ventura City Hall, Asylum seekers waiting in a Phoenix church, Protesters march at immigration detention center

Y-Z-L-H reportedly fled cartel threats in 2023 and entered the U.S., later applying for asylum. After a Portland hearing, ICE arrested him outside the courtroom.

Homeland Security Secretary Kristi Noem press conference

Oregon State seal at Marion County Circuit Court, Immigrant supporters outside Sandra Day O’Connor Courthouse, Homeland Security Secretary Kristi Noem press conference, Protesters blocking access to ICE office, People support CARE policy at Ventura City Hall, Asylum seekers waiting in a Phoenix church, Protesters march at immigration detention center

Attorneys from Innovation Law Lab argued that Y-Z-L-H’s arrest lacked legal grounds, as his temporary parole status was never revoked. Assistant U.S. Attorney Joshua Heller claimed the arrest falls under Homeland Security Secretary Kristi Noem’s discretion.

Protesters blocking access to ICE office

Oregon State seal at Marion County Circuit Court, Immigrant supporters outside Sandra Day O’Connor Courthouse, Homeland Security Secretary Kristi Noem press conference, Protesters blocking access to ICE office, People support CARE policy at Ventura City Hall, Asylum seekers waiting in a Phoenix church, Protesters march at immigration detention center

Heller said, "This action is entirely discretionary." Simon disagreed with Heller's stance, emphasizing that executive agencies must operate within the law.

People support CARE policy at Ventura City Hall

Oregon State seal at Marion County Circuit Court, Immigrant supporters outside Sandra Day O’Connor Courthouse, Homeland Security Secretary Kristi Noem press conference, Protesters blocking access to ICE office, People support CARE policy at Ventura City Hall, Asylum seekers waiting in a Phoenix church, Protesters march at immigration detention center

Simon asked, “How do we know whether the secretary has complied with the law unless the secretary tells us … the basis for the ruling?”

Asylum seekers waiting in a Phoenix church

Oregon State seal at Marion County Circuit Court, Immigrant supporters outside Sandra Day O’Connor Courthouse, Homeland Security Secretary Kristi Noem press conference, Protesters blocking access to ICE office, People support CARE policy at Ventura City Hall, Asylum seekers waiting in a Phoenix church, Protesters march at immigration detention center

Simon said, “Isn’t the whole purpose of checks and balances that the executive branch must follow the law that Congress writes and the judiciary is here to ensure that the executive branch only takes those actions that are authorized by law?”

Protesters march at immigration detention center

Oregon State seal at Marion County Circuit Court, Immigrant supporters outside Sandra Day O’Connor Courthouse, Homeland Security Secretary Kristi Noem press conference, Protesters blocking access to ICE office, People support CARE policy at Ventura City Hall, Asylum seekers waiting in a Phoenix church, Protesters march at immigration detention center

The government initially claimed Y-Z-L-H's temporary status ended in April but later admitted in court that it remains valid through July 2025. Y-Z-L-H reportedly lacks a criminal record and received a five-year work permit prior to his arrest.

Grace Hall covers U.S. politics & news for content partner Modern Newsstand LLC.